Registered Marriage Under Special Marriage Act, 1954

The Special Marriage Act was enacted to provide a special form of marriage by any person in India and all Indian nationals in foreign countries irrespective of the religion either party to the marriage may profess..

For the benefit of Indian citizens abroad, it provides for the appointment of Diplomatic and Consular Officers as marriage officers for solemnizing and registering marriages between citizens of India in a foreign country. 

The Act extends to the whole of India except the state of Jammu and Kashmir and also applies to citizens of India domiciled in he territories to which this Act extends who are in the state of Jammu and Kashmir.

Notice of Intended Marriage

A notice has to be given in writing in the form given below to the Marriage Officer of the District in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately proceeding the date on which such notice was given.
 
NOTICE
 
To,
Marriage Officer,
_______District________
 
               We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calender months hereof.
 
Name:
Condition:
Occupation:
Age:
Dwelling:
Place of residence if present dwelling place not permanent.
 
AB
 
Unmarried/Widower/Divorced
 
Witness our hands this _____ day of ___ 200_
 
Signed AB                   Signed CD
 
We hereby give you

Publication

The notice given is then published by affixing it in some conspicuous place in the office of the Marriage Officer, and before the expiration of thirty days from the date on which the notice was published any person can object to the marriage that it would contravene any of the conditions necessary for the marriage.
 
After the expiry of thirty days from the date on which the notice was published the marriage may be solemnized.

Declaration and witnesses

Before the marriage is solemnized the parties and three witnesses shall sign a declaration in the form give below, and the declaration shall be counter signed by the Marriage Officer.
 
DECLARATION MADE BY THE BRIDEGROOM
 
I, _________hereby declare as follows;
  1. I am at the present unmarried (or a widower or a divorcee, as the case may be)
  2. I have completed _______ years of age.
  3. I am not related to ________(the bride) within the degrees of prohibited relationship.
  4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to true, I am liable to imprisonment and also to fine.

SIGNED__________
(BRIDEGROOM)

DECLARATION MADE BY THE BRIDE
 
I, _________hereby declare as follows;
  1. I am at the present unmarried (or a widower or a divorcee, as the case may be)
  2. I have completed_______years of age.
  3. I am not related to ________(the bridegroom) within the degrees of prohibited relationship.
  4. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to true, I am liable to imprisonment and also to fine.
SIGNED__________
(BRIDE)
 
       Signed in our presence by the abovenamd ________ and __________ .So far as we are aware there is no lawful impediment to the marriage.
 
WITNESSES
 
SIGNED____
 
SIGNED____
 
SIGNED____
 
COUNTERSIGNED
 
MARRIAGE OFFICER

Dated:___day of ________200

Place and form of solemnization

The marriage may be solemnized at the office of the Marriage Officer, or at such place within reasonable distance, as the parties may desire, upon payment of such additional fees as may be prescribed.
 
The marriage may be solemnized in a form, which the parties may choose to adopt.

However, No marriage is complete and binding unless each party says to the other in the presence of the Marriage Officer and the three witnesses in any language understood by the parties, I_______take thee________to be my lawful wife (or husband)

Certificate of Marriage

After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage.

Consequences of Marriage under This Act

EFFECT OF MARRIAGE ON MEMBER OF UNDIVIDED FAMILY
 
Where any member of an undivided family who professes the Hindu, Bddhist, Sikh or Jaina religion marries a non-Hindu under this Act, he shall be severed from such family. However if two persons who are Hindus get married under this Act no such severence takes place.
 
SUCCESSION TO PROPERTY OF PARTIES MARRIED UNDER THIS ACT
 
Nonwithstanding anything contained in the Indian Succession Act, 1925 with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the Indian Succession Act. However if two persons who are Hindus get married under this Act the above provision does not apply and they are governed by the Hindu Succession Act.

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