Special Marriage Act, 1954: Are You Eligible to Marry? What Is the Process of Court Marriage? All Questions Related to Registered Wedding Answered!

Planning to wed with your loved one, but are facing obstacles? Well, not anymore. The Special Marriage Act is here for your rescue. As per this Act which was passed in the Indian Parliament in 1954, two Indian nationals – irrespective of race, religion, region, caste – who are willing to marry each other can do so legally with the help of it. It is a special Act which was enacted to ensure that marriages under this Act would not be governed by personal laws. In a layman’s language, it is also called ‘court marriage’ or ‘registered marriage’. Hindu Marriage Ceremony Rituals, Traditions and 7 Vows Taken During ‘Saat Phere’ Explained. 

The Special Marriage Act, 1954, provides special provisions for two people willing to marry each other, on certain conditions and after fulfilling certain legalities. There are a few legal requirements which the people intending to marry under this Act have to fulfil. Here, we look at the steps, legal requirements, documents, and eligibility under this provision of law. 7 Smart Tips to Consider When Finding the Right Shoes for Your Big Day. 

Who is eligible to marry under the Special Marriage Act, 1954?

• Any Indian national irrespective of his/her religion, caste, or race
• People of any faith allowed, i.e. inter-religion marriages are allowed
• If either of the couples is an Indian national but is living abroad, can marry under this Act

What is the procedure of marriage under the Special Marriage Act, 1954?

• The marriage under this Special Marriage Act is considered as a civil contract; hence no rites or rituals are to be performed
• The intended couple has to file a ‘Notice of Marriage’ in the mentioned format to the Marriage Registrar of the district, in which either of the two has resided for not less than 30 days immediately after the date on which notice is given
• The Registrar puts up the notice of intended marriage for 30 days
• After the expiration of 30 day-period, the marriage culminates if there is no objection raised by anyone
• The marriage is not considered valid until both the parties state “I take thee, to be my lawful wife (or husband),” in the presence of Marriage Officer and three witnesses.

What are the documents required for marriage under the Special Marriage Act, 1954?

• Application form (notice of intended marriage form) signed by both parties
• Proof of date of birth (School Leaving Certificate/Passport/Birth Certificate)
• Receipt of fees paid in the District Court
• Proof of stay/residence for a minimum of 30 days (Ration Card or Report from Local Station House Officer)
• Affidavits from both parties, each mentioning about the date of birth, present marital status, i.e. unmarried/widower/divorcee
• Confirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act
• 2 passport size photographs of both parties attested by a gazetted officer
• In the case of a divorcee, a copy of divorce decree/order
• In case of widow/widower, a copy of the death certificate of spouse

What are the documents required under the Special Marriage Act, 1954 for Indian national living abroad?

• Passport copy
• Visa copy
• NOC certificate or marital status certificate from the concerned embassy
• Proof of stay/residence for a minimum of 30 days (Ration Card or Report from Local Station House Officer)

Disclaimer: We at LatestLY do not promote or disagree with any form of information provided in the article above. The following piece of information is only based on facts and doesn’t intend to suggest anything else. 

(The above story first appeared on LatestLY on Dec 21, 2019 05:39 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).