• Registration on Marriage under Special Marriage Act

I am an Indian Citizen living in Canda(originally from Maharashtra), I am planning to get married in July (my spouse is currently residing in Delhi) and registering my marriage according to the Special Marriage Act but the prerequsite for registration is that to submit the application I should be residing in the respective district for a 30 day period before making the application. Is there is a provision that permits me to make the application online doging this 30-day period? I will be there after the marriage to complete the signing process with 3 witnesses but cannot be present while submitting the applicaction.Is it mandatory for both the bride and groom to be present when submitting the application for registration?
Asked 3 years ago in Family Law
Religion: Muslim

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10 Answers

Requirement for 30 days stay is  due to practical necessity so that Registrar can ascertain whom the parties are marrying and notice to public to take objections to marriage if there are any. It cannot be waived.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

No you or your partner need to reside there prior to application for 30 days

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Under the Special Marriage Act, 1954, as per Rule 9 of the Maharashtra Special Marriage Rules, 1964, notice of marriage can be sent by special envoy or by registered post with notice fee. sample of Special Marriage Notice is available in the office of the Marriage Officer as well as on the website of the Department of Registration and Stamps at www.igrmaharashtra.gov.in under Drafts Notices.

 

2) you don’t have to be personally present to give notice 

3)

Appropriate documents must be attached to the notice as proof of fulfillment of the conditions for concluding a special marriage under the Special Marriage Act. It includes the following documents.

  1. � Proof of age of the bride and groom - a) Age certificate - Birth certificate or school leaving certificate etc. � Medical certificate from District Surgeon if the party is uneducated or has no birth record Copy of Electricity Payment / Telephone Payment / Income Tax Receipt / Live & License in own name.
  2. कोर्ट Divorce court decree if the bride or groom is divorced
  3. Death certificate from the competent authority of the ex-spouse if the bride is a widow or the groom is a widower.
  4. � Required identity cards of three witnesses and proof of residence. � All evidence must be attested.

3)copy of the notice given for the solemnization of a special marriage is displayed by the marriage officer in the visible area of ​​their office, and if
one of the two parties (bride / groom) resides in the jurisdiction of the other marriage officer (in the revenue district), the marriage officer - A copy of the notice is immediately sent to them for publication in their office.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnised, unless it has been objected to by any person.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If online application are not permitted in Delhi then physical presence of both parties would be required 

 

2) as per Delhi government portal 

For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the SDM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt. If the SDM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the SDM solemnises the marriage after 30 days of the notice. Both parties alongwith 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses atleast one day in advance.

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

One of the parties physical presence is necessary for the same. Post corona you may not get exemption from physical presence

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The marriage officer or the registrar would insist both the parties to be physically present before him to submit the intended marriage application.

They may not entertain the application submitted by a single  party without being accompanied by the other party to this proposed marriage, hence you may have to go by the law instead of looking for any short cuts.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- As per rule, if one partner is residing in the foreign country, the ‘Marriage Notice’ form has to be filled by the partner in India and also the partner in the foreign country, which has to be resubmitted by the partner in India to the Registration office.

- Since, your spouse is living in Delhi, then she can submit the application after taking your details documents copy & approval in the office of registrar. 

- Further, at the time of registration , your presence is needed, however there is facility to submit the application even via online mode as well , hence you can apply from there as well. 

- As per the Delhi High Court, Marriages can be registered in the virtual presence of parties in the present times , and citizens cannot be prevented from exercising their rights because of a rigid interpretation of law which calls for “personal presence”.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Only the applicant shall have to stay in India for a minimum period of 30 days before filing the Application for marriage.

 

2. In your casem, your wife who stays in India, can also file the said application before the marriage registrar having jurisdiction on the place where she stays when you can reside abroad.

 

3. You can come on the date of the marriage to sign the marriage register.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Physical presence of both the parties are not required.

 

2. Only the applicant shall have to be physically present at the concerned place before filing the application for a minimum period of 30 days.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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