Process Of Registration of Inter-Religious Marriage Under The Act

Last updated on Jun 1, 2022

The process of registration for a Special Marriage is as follows:

Give notice to the Marriage Officer

  • When a marriage is to be performed under this law, the parties getting married shall give notice(( Section 5, The Special Marriage Act, 1954.)) in writing to the Marriage Officer of the district in which at least one of them has lived for at least thirty days immediately before the date of the notice. Upon receiving an application signed by both the marrying parties for the registration of their marriage, the Marriage Officer shall give public notice and allow thirty days for objections, and hear any objection received within that period.
  • The Marriage Officer will keep all such notices with the records of their office and will also enter a true copy of every such notice in a Marriage Notice Book,(( Section 6, The Special Marriage Act, 1954.))  which must be open for inspection at all reasonable times, without fee, by any person.
  • The Marriage Officer shall publish every such notice by attaching a copy to some noticeable place in their office. Where either of the marrying parties is not permanently living within the district of the Marriage Officer, the Officer shall also pass on a copy to the Marriage Officer of the district where they are permanently living, and that Marriage Officer shall attach a copy to some noticeable place in their office.

Sign a declaration for marriage

  • Before the marriage is performed the parties and three witnesses will sign a declaration(( Section 11, The Special Marriage Act, 1954.)) in the presence of the Marriage Officer, and the declaration will also be signed by the Marriage Officer. The declaration is in the form specified in the Third Schedule of the Act.

Performance of Marriage and Marriage Certificate

  • When the marriage has been performed(( Section 12, The Special Marriage Act, 1954.)) and all the conditions are fulfilled, the Marriage Officer will enter the details in a certificate in the Marriage Certificate Book. This certificate will be signed by the parties getting married and the three witnesses. The Certificate will then be unquestionable evidence that a legal marriage has been performed and that all formalities regarding the signatures of witnesses have been followed.

 

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Related Resources

Guide on Registration of Inter-religious Marriages

This guide summarizes the legal and procedural aspects of entering into an inter-religious (special) marriage,  including giving notice of the marriage, performing the marriage, and obtaining the marriage certificate.

What is the procedure for a marriage by a Marriage Registrar?

A marriage performed by a Marriage Registrar has multiple stages, including the issuing of notice, performance and registration of marriage.

What is the procedure for a marriage by a Licensed Minister of Religion?

A marriage performed by a Marriage Registrar has multiple stages, including the issuing of notice, performance and registration of marriage.

Who can get married under Christian Law?

Any two persons who are Christians can marry under Christian law. However, there are some minimum age requirements and prohibited marriages.

When and where can a Christian Marriage be performed?

A Christian marriage can only be performed between 6 AM and 7 PM in a church, private dwelling or in the presence of a marriage registrar.

Solemnizing an Inter-Religious Marriage

There is no specific form or essential ceremony for a marriage under Special Marriage Act but there are two possibilities.