Procedure for registration of marriage under special marriage act

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With the limited facts provided by you it is not clear that if you are already married and want to get marriage registered or you want to apply for court marriage.
But if marriage is already solemnized and you want to get marriage registered then,

A marriage which has already been solemnized can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs the marriage is registered under the Special Marriage Act, 1954.



The marriage which has already been solemnized can be got registered at the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides on any working day.



The following documents are required for registration:



1. Application form duly signed by both husband and wife.



2. Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate).



3. Address proof of both the husband and wife. Adhaar card was being required for registration too.



4. Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality and that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be.



5. Two passport size photographs of both the parties and one marriage photograph.



6. Marriage invitation card, if available.



7. If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.



8. In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage(in case of Hindu Marriage Act).



9. Two witness with photographs and copy of their PAN Card.



All documents excluding receipt should be attested by a Gazetted Officer.



For registration of marriage in case of Hindu Marriage Act, verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, along with a Gazetted Officer who attended their marriage, need to be present before the SDM. The Certificate is issued on the same day.



However, in case of registration of marriage under the Special Marriage Act, presence of both the parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the SDM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnize the marriage until he has decided the objection, within 30 days of its receipt.



If the SDM refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the SDM solemnizes the marriage after 30 days of the notice. Both parties along with 2 witnesses are required to be present on the date of registration of marriage who had attested the marriage. It is advisable to submit names of witnesses at least one day in advance.



And regarding your query for court marriage, Assuming you are both Hindus

Essential conditions for court Marriage are -

1. There should be not be subsisting valid marriage of either of the parties with any other person.

2. Boy should be above 21 years of age and Girl above 18 years of age.

3. The parties should not be of unsoundness of mind of such a nature as to be unable to valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent to be unfit for marriage and procreation of children, or has been subject to recent attacks of insanity.

4. Parties should not fall within the degree of prohibited relationship i.e. should not be related to each other.



Procedure of marriage when both parties are Hindu :

1. The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar 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 is given.

2. The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.

3. After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.

4. The marriage may be solemnized at the specified Marriage Office.

5. Both parties along with three witnesses are required to be present on the date of registration/Solemnization.




Documents required for court marriage are as follows:


1. Application form in the prescribed format with the prescribed fee

2. Passport Size Photographs of Marrying Persons

3. Residential Proof of Marrying Persons.

4. Date of Birth Proof of Marrying Persons.

5. Residential Proof and PAN Card of Three Witnesses

6. Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.



Hope this clarifies your query.

Advocate Siddhant Sharma LawRato