How to File a Special Marriage Act Notice

The Special Marriage Act, 1954, is a significant legislation in India that provides a legal framework for the marriage of individuals irrespective of their religion, caste, or creed. It allows for a civil marriage between two individuals, thus promoting inter-religious and inter-caste marriages. One of the initial steps in the process of getting married under this Act is filing a notice of intended marriage. This article aims to provide a comprehensive guide on how to file a Special Marriage Act notice, the requisite documents, the procedure involved, and answers to frequently asked questions.

Understanding the Special Marriage Act

The Special Marriage Act was enacted in 1954 to facilitate marriages between individuals of different religions or communities. The Act provides a legal framework for the registration of such marriages and ensures that the rights of both parties are protected. The primary purpose of the Act is to promote unity and harmony in a diverse society.

Eligibility Criteria for Marriage under the Special Marriage Act

Before filing a notice, it is essential to ensure that both parties meet the eligibility criteria outlined in the Special Marriage Act:

• Age: The male must be at least 21 years old, and the female must be at least 18 years old.
• Marital Status: Both parties must be unmarried or legally divorced. A person who is already married is not eligible to marry again unless the previous marriage has been legally dissolved.
• Sound Mind: Both parties must be of sound mind, meaning they should be capable of understanding the nature of the marriage contract.
• Not Within Prohibited Degrees of Relationship: The parties must not be related to each other within the degrees of prohibited relationship as defined under the Act.

Procedure to File a Notice under the Special Marriage Act

The process of filing a notice involves several steps, which are outlined below:

Step 1: Gather Required Documents

Before filing the notice, ensure that you have the following documents ready:

• Application Form: A duly filled application form for the notice of intended marriage.
• Proof of Age: Birth certificate, school leaving certificate, or any government-issued ID that proves the age of both parties.
• Proof of Residence: Aadhar card, passport, or any government-issued document that establishes the current address of both parties.
• Photographs: Recent passport-sized photographs of both parties.
• Divorce Decree (if applicable): If either party is divorced, a copy of the divorce decree must be submitted.
• Death Certificate (if applicable): In case of a widow or widower, a copy of the spouse's death certificate is required.

Step 2: Visit the Marriage Registrar’s Office

Once you have gathered all the necessary documents, the next step is to visit the office of the Marriage Registrar. The Marriage Registrar is usually located in the district or sub-district where either party resides.

Step 3: Submit the Notice

At the Marriage Registrar’s office, submit the completed application form along with all the required documents. The Registrar will verify the documents and may ask questions to ensure that both parties meet the eligibility criteria.

Step 4: Notice Publication

After the submission of the notice, the Marriage Registrar will publish the notice in the office. This notice will be displayed for a period of 30 days. During this time, any person can raise objections to the marriage if there are valid grounds for doing so. If no objections are received within this period, the marriage can proceed.

Step 5: Marriage Registration

Once the notice period is over, and if no objections have been raised, the couple can proceed to get married. The marriage can be solemnized either at the office of the Marriage Registrar or at a place of their choice, in the presence of at least three witnesses. After the marriage ceremony, the couple must apply for a marriage certificate, which is an essential document for legal purposes.

Key Points to Remember

• The notice under the Special Marriage Act must be filed at least 30 days before the intended date of marriage.
• It is advisable to keep copies of all submitted documents for future reference.
• In case of any objections raised during the notice period, the marriage can be delayed until the objections are resolved.

FAQs

1. What is the fee for filing a notice under the Special Marriage Act?

The fee for filing a notice under the Special Marriage Act varies from state to state. It is advisable to check with the local Marriage Registrar’s office for the exact fee structure.

2. Can I file a notice online?

Some states in India have introduced online services for filing a notice under the Special Marriage Act. It is recommended to visit the official website of the respective state government or the Marriage Registrar's office for more information.

3. What happens if objections are raised during the notice period?

If any objections are raised during the notice period, the Marriage Registrar will investigate the matter. If the objections are found valid, the marriage may be prohibited. If they are found invalid, the marriage can proceed.

4. Is it necessary to have witnesses during the marriage ceremony?

Yes, at least three witnesses are required to be present during the marriage ceremony for it to be valid under the Special Marriage Act.

5. How long does it take to receive the marriage certificate after the marriage is registered?

The time taken to receive the marriage certificate may vary depending on the registrar's office. Generally, it takes a few days to a couple of weeks to process and issue the marriage certificate.

Conclusion

Filing a notice under the Special Marriage Act is a crucial step for couples intending to marry outside the confines of traditional religious laws. By following the outlined procedure and ensuring that all eligibility criteria are met, couples can navigate the process smoothly. It is always advisable to consult with a legal expert or a marriage counselor to address any concerns or queries regarding the process. The Special Marriage Act not only facilitates marriages between individuals of different backgrounds but also stands as a testament to the secular fabric of Indian society.