• Marriage under Special Marriage Act

Hi,

For marriage under the Special Marriage Act,

1) Is Aadhar card mandatory? Or will any government-issued photo ID proof work? 
2) Should both the parties be present while filing the application?
3) What are the documents to be carried while filing the application? 

Please let me know.

Thanks!
Asked 6 years ago in Family Law
Religion: Hindu

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14 Answers

1. Any  id and birth corctificate is necessary.

2. Yes both parties presence is required.

3. The birth certificate the residence proof and other id and photograph.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  Any identity card issued by the government will work .

2.  Presence of both the parties it mandatory .

3. Three witnesses, id of the witnesses, photograph of both the parties and photograph of the witnesses and an affidavit in the prescribed format.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Adhar card is not mandatory. Yes other government I'd valid

2. One of the party may be present 

3. Photo I'd, address proof,  photographs,  affidavit if required etc

 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1) Aadhar card is not mandatory 

 

2) notice has to be signed by both parties and submitted

 

3) your birth certificate or school leaving certificate as to proof of age 

 

4) address proof of parties like passport , election commission card etc 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1) Now a days AADHAAR card is made compulsory in every government organizations, so better to get that first.

 

2) While making application only one person can file it.

 

2) All age, identity, address, domicile proof will be need to supporting documents.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Friend,

You may go through the following procedure under Special Marriage Act

Conditions Necessary for A Marriage

The following conditions are necessary:

  1. That neither party has a spouse living at the time of marriage.
  2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
  3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
  4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
  5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
  6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:

http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html

 

The requirements of procedure as per Karantaka State is as follows regarding fees and formats

 

  1. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.
  2. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.

(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be

  1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.

http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Adhaar card is not mandatory. Any other public document as proof of your identity and address is fine.

2. No it is not compulsory t be remain physically present at the time of fling.

3. Your age, address and marital status proof is required to be filed and carried in original.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Any govt. ID for age and address off.

Both party have to present.

Age, address proof, 3 passport size photo. If not permanent address than copy of rent agreement to prove living in area from more than one months.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Any ID proof issued by Government like Voter ID or Aadhar will be sufficient.

 

  • Both the intending parties must be a citizen of India.
  • Neither of the parties must be having a living spouse at the time of marriage. In the case where either or both of the parties were involved in an earlier marriage, it is essential that the earlier marriage must be legally dissolved before applying under this Act.
  • Both the parties must be in a capacity to give free and full consent to the marriage.
  • The intending parties must comply with the age limit given under this Act. The female should at least be of eighteen years at the time of applying for marriage and the male must have completed the age of twenty-one.

Once the Marriage Officer has received such an application, duly signed by both the parties, the Officer shall then release a public notice with a period of thirty-days to raise objections to the intended marriage if any.

If the conditions are duly fulfilled and no such objections are raised, it should enter a certificate of the marriage in the Marriage Certificate Book. Here, the signatures of both the intending parties as well as the witnesses are required.

After having completed all the above steps, the marriage under this Act can be said to be duly solemnized and registered. Please note that along with three witnesses required at the day of solemnization, you might also require certain documents.

 

  1. Proof of Age
  2. Address Proof
  3. Affidavit with regard to Marital Status
  4. Non-Relationship between the parties within the degree of prohibition.
  5. Passport size Photos.

 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

aadhaar Or any government proof like passport voter ID card is required. 

Both parties are required to be present after the submission of documents for issuance of public notice inviting objections...

I'd proofs,  date of birth proof, photos. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1.  Any identity card that proves your identity will be sufficient, it is not mandatory that you may have to produce only aadhar card alone.

2. For contested divorce, the respondent cannot be expected to be present before the court.

3. You will be informed about this by your advocate who would file the divorce case based on the prevailing circumstances

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

For marriage under the special marriage act the government issue ID is mandatory. Therefore some state governments have made aadhaar card compulsory.

Other than that your age certificate and photographs are required. You must be residing at that place for 30 days before filing for marriage.

You have to first file it then you are called after 30 days. Then you both have to be present and sign in front of the registrar. 2 witnesses are required.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that you want to know the procedure of court marriage under special marriage act.
  2. Yes, you can use your pan card or voter ID card also in lieu of Adhar Card.
  3. No, it is not mandatory for both the parties to be present at the time of filing the application, it is only the date of marriage that both are required to be present before the marriage registrar’s office along with one witness for each party.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) Adhaar card is not mandatory for marriage under special marriage act and any other ID issued by govt can be used. 

2) while filing the application either of the party can be present

3) documents required for marriage under special marriage act are

  1. Proof of Age
  2. Address Proof
  3. Affidavit with regard to Marital Status
  4. Non-Relationship between the parties within the degree of prohibition.
  5. Passport size Photos.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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