Special Marriage Act Procedure in Chennai

Special Marriage Act was passed in 1954 and it focuses on providing a special form of marriage for people of India and Indian nationals in foreign countries

Special Marriage Act was passed in 1954 and it focuses on providing a special form of marriage for people of India and Indian nationals in foreign countries, without considering the religion or faith followed by the bride and the groom. This act came in to solve the inadequacy issues found in Act III of 1872. The reformation of the Act III gave way to the Special Marriage Act.

The act has three major objectives.

Ø  To provide a special form of marriage in certain cases,

Ø  To provide for registration of certain marriages and

Ø  To provide for divorce

The Special Marriage Act does not have conditions on religions or region.

The applicants can

Ø  Be following any religion

Ø  Be a follower of Indian religions like Hinduism, Buddhism, Jainism, Sikhism

Ø  Be following religions of foreign origin like Islam, Christianity and Parsi or Jewish religions.

Ø  Be of different castes and communities

Ø  Reside at any Indian territory(except Jammu and Kashmir)

Ø  Be Indian nationals living abroad.

The applicants must follow all the criteria mentioned below.

Ø  Both the bride and the groom should have no other subsisting valid marriage.

Ø  The bride should at least be 21 years of age

Ø  The groom should have completed at least 18 years of age

Ø  Both parties should be mentally fit to the extent of being able to give valid consent for the marriage

Ø  The parties should not fall under the category of prohibited relationship

There are certain requirements for the procedure.

Ø  A notice of intended marriage must be filed by the parties in the specified form to the Marriage Registrar of the district where at least one of the parties has resided for a period of not less than 30 days before the date of filing the notice.

Ø  If there has been no objection from any person for the marriage until 30 days from the date of filing, then the marriage can be solemnized.

Ø  There are no ceremonial requirements for a marriage under this act.

Ø  The marriage has to be solemnized at the specified Marriage Office.

 

Ø  The marriage becomes a binding only if both the parties state “I, (A), take thee, (B), to be my lawful wife/husband”, in the presence of the Marriage Officer and three witnesses.