The District Registrars and Sub Registrars are Marriage Officers as per the Act. The Special Marriage Act extends to the whole of India except the state of Jammu and Kashmir and applies also to citizens of India domiciled in the territories to which; this Act extends who are outside the said territories.
Solemnization of Special Marriages
A marriage between any two persons may be solemnized under this Act provided the following conditions are satisfied. Namely: -
- Neither party has a spouse living
- Neither party is an idiot or a lunatic
- The male must have completed the age of twenty-one years and female the age of eighteen years.
- The persons seeking to marry must not be within the degrees of prohibited relationship.
Notice of Intended Marriages
Both the parties to the marriage should give notice in writing in the prescribed form to the marriage officer of the district in which at least one of the parties to the marriage has been residing for a period of not less than thirty days immediately preceding the date on which such notice is given.
A fee of Rs 3 has to be paid for publication of notice. Notice will be published in the office of the Marriage Officer of the district within whose jurisdiction each of the parties to the marriage is permanently residing.
The notice may be presented before the marriage officers by both parties in person or by registered post. In the later case a fee of RS 3 for notice charge should be sent by Money Order. The Performa for the notice is given separately. (Please see Notice of Intended Marriage)
Solemnization of Marriage
The marriage can be solemnized on expiry of 30 days after clearing objections if any filed. The validity for the notice is 3 months. Before the solemnization of marriage the parties and three witnesses in the presence of the marriage officer should sign declarations in the prescribed form.
The marriage can be solemnized in any form, which the parties may choose to adopt. The marriages can be solemnized either with the office of the Marriage Officer or at such other place within a reasonable distance as the parties may desire. A fee of RS 10 has to be paid for solemnization. Certificate will be issued on stamp paper if RS 10 produced by the parties on payment of Rs. 2/-
Registration of marriages celebrated in other forms
These provision deals with the registration of marriages already are celebrated in forms other than the special marriage Act.
The following conditions should be satisfied for the registration of marriages
- The couple must have been married in some other forms and they must have been living as husband and wife ever since such marriage.
- Neither party has more than one spouse living.
- Neither party is an idiot or lunatic.
- The parties should complete 21 years of age at the time of registration.
- Both the parties should reside within the jurisdiction of the Marriage Officer for a period of 30 days.
On receipt of application signed by both the parties and also after publication of notice the marriage will be registered on the expiry of the notice period of 30 days. Certificate will be entered in the certificate book and shall be signed by the parties to the marriage and three witnesses.
A fee for RS 10/-has to be paid for registration. Certificate will be issued on stamp paper of Rs 10/- produced by the parties and payment of RS 2/-. Services rendered by the Society Registrar (District Registrar)