APPLICATION OF MARRIAGE UNDER SPECIAL MARRIAGE ACT

Special Marriage Act, 1954 is the most important law in India. It validates the marriage of partners irrespective of their religion. Generally, everyone who wants to perform the inter-religion marriage without conversion can marry each other under this act. 

All marriages under the special marriage act are completely different from traditional marriages. Both the partners need to sign a declaration & follow a specific process for the marriage under the SMA (Special Marriage Act). 

Whoever wants to perform the marriage under the SMA must have to fulfill the eligibility criteria & requires proper documents. 

The Eligibility Criteria For The Marriage Under Special Marriage Act – 

1. Age Criteria – Both partners must need to fulfill the minimum age criteria. The minimum age of the male & female partners is 21 years & 18 years respectively.

• Mutual & Valid Consent Of Partners – Both are partners must be ready to marry each other. It is illegal to force anyone to marry. Consent of both partners is important.

• Non-Prohibited Relationship – Both the partners must not belong to the relationship of each other. Some people cannot perform their marriage with the person in a blood relationship.

•  In Case Of Previous Marriage – If any of the partners is already married before, then it is necessary to submit the divorce decree or death certificate of the spouse.

Anyone who wants to perform the court marriage must have to submit certain documents for marriage. 

List of documents that are important for marriage – 

1. Identity Proof – Both the partners must have to submit a document like PAN Card/ Voter ID Card 
2. Address Proof – Aadhar Card / Driving License / Ration Card 
3. Death Certificate Of Spouse Or, Divorce Decree – In case of a previous marriage, the partners must have to submit these documents.
4. Photographs & Affidavits

Step-By-Step Process For Marriage Under Special Marriage Act – 

1. Notice Of The Marriage – Both the partners need to apply in the marriage registrar’s office, 30 days prior to their marriage.
2. Contact The Marriage Authority – Both the partners should contact the marriage registrar of their district or wherever you want to perform your marriage.
3. Notice & Objection – It is the duty of the marriage registrar to put a notice regarding the marriage of both partners in the office. The maximum time period for the objection will be 30 days. 
4. In Case Of Objection – The officers will investigate all the details about the partners. They will check for the documents, details & consent of the parents before their marriage. 
5. Marriage Completion – The complete marriage process will be performed in the marriage office in the presence of a marriage registrar & witnesses. Both the partners have to sign a declaration form that states that they are marrying each other.    

I hope you have understood all the details of the marriage under the Special Marriage Act, 1954. If you need any assistance or details about it, call us directly on – 8800788535