Can one party submit marriage intent alone without the presence of other party?
We are a couple planning to have a court marriage under the Special Marriage Act. However, I am currently abroad, while my fiancée is in Delhi and is also a resident of Delhi. My question is: while submitting the notice of intent to the SDM office in Delhi, do I need to be present in person, or is it possible for her to submit the application alone? It is not feasible for me to travel to India at this time, but I will be in India for the actual solemnization after the 30-day notice period. Can she submit the intent of marriage application without my physical presence at the SDM office?
Either husband or wife can make the application, after verification of the application form and documents, the Registrar will provide the time slot for the registration during which the marriage can get registered. At the time of registration, both husband and wife with their witnesses need to be present to sign the declaration however at the time of application, the presence of only one of them i.e. either husband or wife is enough.
Sir, if it is not feasible for you to come to Delhi at the time of submitting the documents for the intended marriage, your fiancée can submit the notice of intended marriage on her own. Your physical presence is generally not required at this stage, but both parties must be present during the registration process. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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