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. This article has templates and discusses the key conditions and elements of solemnizing a marriage. The further discusses the succession of parties under the Special Marriage Act.
Tue Jul 19 2022 | Family Law | Comments (0)
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 the territories to which this Act extends who are in the state of Jammu and Kashmir.
The following conditions are necessary:
However, where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized not withstanding that they are within the degrees of prohibited relationship as follows:
DEGREES OF PROHIBITED RELATIONSHIP:
That where the marriage is solemnized in the State of Jammu and Kashmir, both the parties are citizens of India domiciled in the territories to which this Act extends.
Parties who intend to get married under the Special marriage Act shall give a notice in writing in the specified form 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 thirty days immediately preceding the date on which such notice is given.
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 preceding 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 calendar 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
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.
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
SIGNED__________
(BRIDEGROOM)
DECLARATION MADE BY THE BRIDE
SIGNED__________
(BRIDE)
Signed in our presence by the aboveground ________ 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
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)
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.
Any marriage celebrated other than a marriage solemnized under the Special Marriage Act, 1872 or under the Special Marriage Act, 1954 may be registered under Chapter III of the Act by a Marriage Officer if the following conditions are fulfilled:
Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses.
EFFECT OF MARRIAGE ON MEMBER OF UNDIVIDED FAMILY
Where any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion marries a non-Hindu under this Act, he shall be severed from such family. However if two persons who are Hindus and get married under this Act no such severance takes place.
SUCCESSION TO PROPERTY OF PARTIES MARRIED UNDER THIS ACT
Notwithstanding 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.
