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Anonymous
in Family Law Civil Law
Asked June 19, 2017

Registered marriage procedure

  • 1 Answer
  • 568 Views

Hi Team, I need some info on how to do court marriage(special marriage act), It is a inter-religion [Hindu - Muslim] marriage and both of our families have approved it. The only problem is, as she is travelling abroad for work, we are in a situation to complete the marriage procedure within July 15th and we have not yet given the 30 days prior notice for our marriage with the marriage registrar. I need to know, Is there any other way to register our marriage without giving this 30 days prior notice (we only have 15 to 20 days left to complete all the marriage procedures.) Also, If we perform some marriage rituals and get married, will we be able to register our marriage and get marriage certificate(with Marriage invitation and Marriage hall receipt as proofs). It will be really helpful if any of your experts would give us some positive hope. Thanks in advance.

Answer 1

 

 

 

Dear Sir/madam,

A plain reading of the Section 16[1] of the Special Marriage Act, 1954 gives a detailed idea about the Procedure for registration.

There are no two ways about it that one can obviously get married at any given point of time but in order to get a legal marriage Registration Certificate, serving a 30 day period is compulsory. This time period is basically to invite objections if any, from the public. Let’s say if someone turns up toorrow and establishes a rightful claim over the bride or the groom by presenting documents etc. then that could be avoided. The intent of the law is very much clear by providing this time limit of 30 days. Further, after this 30 day period – the couple should be present alongwith 3 witnesses to sign the Certificate.

However, in case of urgency, one can approach the Registrar of marriage and try explaining him/her in person about the difficult circumstances one is in.

Also, there are certain essential conditions that needs to be fulfilled in order to get your marriage registered legally as per the mandateof Section 15 of the Special Marriage Act, 1954 :--

a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since ;

 

(b) neither party has at the time of registration more than one spouse living ;

 

(c) neither party is an idiot or a lunatic at the time of registration ;

 

(d) the parties have completed the age of twenty-one years at the time of registration ;

 

(e) the parties are not within the degree of prohibited relationship

 

 

 

 

[1] Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

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