LawRato

Inter religion marriage under Special Marriage Act


02-Dec-2023 (In Family Law)
I, S H, aged 27years, want to marry a Hindu girl 28 with her spontaneous consent in special Marriage act or in Court marriage. For this reason I want your guidance. We both are govt. Employee, so is there any problem??
Answers (4)

Answer #1
748 votes
According to the law marrying someone of other religion under Special Marriage Act is lawful. It's not a crime, so don't worry about the job. Anyway, Now I'm describing the process: The marriage should be under the Special Marriage Act. Visit any marriage officer of the district you or both of you resides. Then a notice is to be given to the marriage officer of the district by two of you. After thirty days go to the officer again, if no one objects to that notice then you will have to sign a declaration (Both parties and three witnesses (in the presence of the marriage officer). It will also be countersigned by the marriage officer.) You can engage a lawyer if you want. Court marriage procedure is common across India. It is made possible — and subsequently governed by — the Special Marriage Act, 1954, which provides for marriage by civil ceremony between parties belonging to different religions. Even parties of the same religion may, however, choose a court marriage over rituals and ceremonies. Court Marriage Procedure (1) The common concerns: Can you register marriage online? No, marriage registration cannot be done online. You would need to physically present yourself in front of a marriage officer to register the marriage. Do you need parents’ approval to be married in court? No. There is no need for parents’ approval of a court marriage, so long as the following conditions are fulfilled. Can I download Court Marriage forms? Click here to download the form for Notice of Marriage and Declaration of Bride and groom. COURT MARRIAGE: Chapter II, Section 4, states that certain conditions are required for entering into such a marriage. They are: No Previous Marriage Valid: Neither party should have a living husband or wife. Any previous marriage should no longer be valid. Valid Consent: Both parties should be competent to give valid consent. The parties should be capable of speaking their mind and entering into marriage of their own will. Age: The male must have completed 21 years and the female 18 years of age. Fit for Procreation: Neither of party should be unfit for procreation of children. Prohibited Relationship: Parties should not be within degrees of prohibited relationship as provided in Schedule I; however, if the customs and traditions of the religion of any one of the parties permit so, then it shall be valid. If you need any more help consult me.
Helpful? LawRato36+ LawRato
Answer #2
752 votes
no both of you can marry under section 13 of special marriage act. For solemnization marriage under special act , you have to submit a form u/s. 5 of special marriage act. After expiry of at least 30 days , you can solemnize marriage at the office of marriage registrar in the presence of three witnesses
Helpful? LawRato46+ LawRato
Answer #3
963 votes
Sir As both of you are major in age and have the right to choose your life partner, so the question of religion will not be valid. As you two are from different religion so, the only option is under the Special Marriage Act. You have to apply before the marriage registrar of your jurisdiction for marriage. Thanks
Helpful? LawRato25+ LawRato
Answer #4
794 votes
Sir, Being you both are aged major according to the Indian Majority Act, and having no impediment in Special Marriage Act, you are required to register your marriage under a marriage registrar where any of your address of residence is. Nothing is preventing you if you both of you consent to your marriage as it seems through your question, hence, Congrats in advance for your marriage.
Helpful? LawRato29+ LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."