What is the procedure to marry under Special Marriage Act?

[VandeMataram]

Special marriage act 1951 was enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. I would like to know about the procedure and the criteria to marry under the special marriage Act 1951.

 

[youthens]

The requirements to marry under The Special Marriage Act are as follows:
* groom must be 21 years of age, and bride 18 years
* should be single
* both should be living in India for atleast 30 days prior to filling marriage application and this must be proved.
* 3 copies of passport (for wife) or other form of ID for husband (voter ID, etc, if passport is not available)
* 3 copies of husband's address proof
* Then a month later you pick up your marriage certificate
After all these requirements are fulfilled, the registrar will give a date and you can either marry in the court or even call the registrar to your house for the registration.

 

[Rutumbhara.Advocate]

The guide to marry in a legal way under the special marriage act :-
DOCUMENT CHECKLIST

a) Properly Filled Application Form/Notice.

b) Evidence of Date of Birth of both the parties (10th class Certificate/Passport/ Birth Certificate – would do)

c) Evidence of residential proof (Voter ID Card/Ration card etc.).

d) Affidavits of both the parties with regard to:

i) Date of birth.

ii) Present marital status: unmarried/widower/ divorcee.

iii) Statement that parties are not within prohibited degrees of relationship (In short: These are some close relations).

iv) Statement regarding Citizenship of the parties.

v) Another clause that says parties intend to marry each other.

e) 3 Copies of Passport size photographs attested by any Gazetted Officer.

f) In case a party is a foreign national – a NOC from the consulate/embassy that says the person is not married already.

PROCEDURE

1st Stage: Both Parties should be present for Solemnization of Marriage after submission of documents of issuance of notice of intended marriage.

2nd Stage : Copy of that above said notice is affixed on the office notice board (this is done with a view so that any person who may have an objection with regard to your marriage may object – Objections may be with regard to parties being married already or being incompetent to marry etc. )

3rd Stage: if an objection is raised - marriage officer concerned would first decide the objection - if objection is sustained - parties wanting to marry may go and file an appeal within 30 days to the District Court.

However if no objection is received, the Marriage Officer would perform after elapse of 30 days of the notice.

Both the bride and the groom along with 3 witnesses are required to be present on the date of solemnization of marriage.