• Sun. Apr 14th, 2024

Documents Required in Case of Special Marriage Act.

Samuel Hall

BySamuel Hall

Mar 14, 2023
Marriage

Marriage is an important step in the lives of two people who want to spend the rest of their lives together. In India, marriage is not only a union of two individuals, but it is also a union of two families. It is important to note that marriage laws in India vary depending on the religion and personal laws of the parties involved. In this blog, we will discuss the procedure to get married in case one of the parties is not Hindu.

Marriage is governed by the Special Marriage Act, of 1954 in India. This act is applicable to people of all religions and communities. This act provides for the marriage between two people belonging to different religions or communities. The act lays down the procedure for the solemnization of marriage and registration of marriage.

Marriage
Marriage

Step 1: Notice of Intended Marriage


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The first step in getting married under the Special Marriage Act is to give notice of the intended marriage. This notice can be given by either of the parties involved or both parties together. The notice of intended marriage must be given to the Marriage Registrar of the district where either of the parties has resided for a minimum of 30 days prior to giving the notice. The notice must be in writing and must be signed by both parties.

Step 2: Verification of Notice

After receiving the notice of the intended marriage, the Marriage Registrar will publish the notice in his office for 30 days. During this period, anyone can object to the marriage if they have valid reasons to do so. If no objections are received within 30 days, the Marriage Registrar will verify the notice and issue a certificate of marriage.

Step 3: Solemnization of Marriage

The solemnization of marriage can take place after the notice has been published for 30 days. The marriage can take place in the presence of the Marriage Registrar or any other person authorized by the government to solemnize marriages. The marriage can take place at the office of the Marriage Registrar or at any other place agreed upon by the parties.

During the solemnization of marriage, the parties must declare that they are taking each other as husband and wife. The declaration must be made in the presence of the Marriage Registrar or any other person authorized to solemnize marriages. The parties must also sign a declaration stating that they are not related to each other within the prohibited degrees of relationship.

Step 4: Registration for Marriage

After the solemnization of the marriage, the Marriage Registrar will register the marriage in the Marriage Register. The Marriage Register is a book maintained by the Marriage Registrar for recording marriages under the Special Marriage Act. The parties will sign the Marriage Register along with the witnesses. The Marriage Registrar will then issue a marriage certificate to the parties.

Documents Required

The following documents are required for getting married under the Special Marriage Act:

Passport-sized photographs of both parties

Birth certificate of both parties

Residence proof of both parties

Marriage invitation card (if any)

Affidavit by both parties stating their age, marital status, and mental status

Affidavit by both parties stating that they are not related to each other within the prohibited degrees of relationship

Divorce decree (if any) in case of a divorcee

Death certificate (if any) in case of widow or widower

Conclusion

Getting married under the Special Marriage Act is a simple and straightforward process. It is important to note that both parties must be of legal age, mentally fit, and not related to each other within the prohibited degrees of relationship. The notice of the intended marriage must be given 30 days prior to the solemnization of the marriage. The parties must also sign a declaration stating that they are taking each other as husband and wife. After the solemnization of the marriage, the Marriage Registrar will register the marriage and issue a marriage certificate to the parties. for more information kindly contact Advocate Neha Batra.

Samuel Hall

Samuel Hall

Samuel Hall, a renowned name in the world of finance and wealth management, has devoted more than two decades to understanding the intricacies of the financial realm. As the chief contributor to WealthServing, Samuel has enlightened thousands with his insights on wealth accumulation, risk management, and smart investment strategies.