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A Step-by-Step Guide to the Procedure of Special Marriage
October 28, 2023 4:01 am

The Special Marriage Act: A Step-by-Step Guide to the Procedure

The Special Marriage Act, 1954, provides a legal framework for people of different religions or those who wish to marry without religious ceremonies to solemnize their marriage. This Act allows individuals from diverse backgrounds to tie the knot without any religious constraints. In this blog, we will delve into the step-by-step procedure for a Special Marriage under the Special Marriage Act.

Step 1: Notice of Intended Marriage

The first step in the procedure is to give a written notice of your intended marriage to the Marriage Officer of the district where at least one of you has resided for the 30 days preceding the date of the notice. The notice should be in the prescribed format and can be submitted to the Marriage Officer in person or by post. You will also need to provide a small fee along with the notice.

Step 2: Publication and Objections

Upon receiving the notice, the Marriage Officer will publish the notice at a conspicuous place in the office. This is to allow any objections to be raised. If no objections are received within 30 days from the date of the notice, the Marriage Officer proceeds with the marriage.

Step 3: Objections and Inquiry

In case objections are raised, the Marriage Officer will conduct an inquiry. The nature of the objections can vary but are typically related to the legality of the marriage. If the objections are found to be invalid, the marriage is allowed to proceed.

Step 4: Marriage Registration

Assuming there are no valid objections, the Marriage Officer will solemnize the marriage at the office. The couple and three witnesses must be present. The Marriage Officer will register the marriage, and both parties, the three witnesses, and the Marriage Officer will sign the marriage certificate.

Step 5: Certificate Issuance

The Marriage Officer will issue a marriage certificate to the couple. This certificate is legal proof of the marriage and is required for various legal purposes such as obtaining a passport or changing the maiden name. It is important to keep this certificate safe and secure.

Step 6: Marriage Ceremony

While the Special Marriage Act allows for marriage without religious ceremonies, it does not prevent couples from holding a marriage ceremony as per their cultural or religious beliefs before or after the registration. This means that you can have the best of both worlds – a legal marriage without religious constraints and a celebration of your union as per your customs.

Step 7: Post-Marriage Formalities

After the marriage, couples often need to update their documents and records to reflect their new marital status. This can include changing the surname, updating Aadhar and PAN cards, and making changes in bank accounts, and so on.

 

In conclusion, the Special Marriage Act provides a straightforward and secular procedure for couples to solemnize their marriage. It offers the flexibility to have a legal marriage without any religious constraints while also accommodating the celebration of the union according to the couple’s wishes. This Act is a testament to India’s commitment to diversity and individual rights in the realm of marriage.

 

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