• Special Marriage Act

We would like to get married under SMA but we do not want to do it in our city of residence ( to avoid informing our families about the marriage ). Is it possible to get married in a different district without publishing the notice of marriage in the Registrar’s office of my hometown? Is there any way out of this? Also is the certificate of marriage always posted to the residential address?
Asked 3 years ago in Family Law
Religion: Other

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9 Answers

At least one of the parties must be residing in city for period of 30 days before issue of notice of intended marriage 

 

2) it would be published in registrar office 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The very purpose of display of notice  is to inform general public and seek objection to marriage if any. Proof of residence is necessary requirement which cannot be done away with. But it seems the questioner is from Germany, he can register his marriage before Marriage Registration Officer in Indian Embassy if both reside there.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Dear client,  Marriage under Special Marriage Act can be registered in the office of the Marriage Officer under whose jurisdiction bride or bridegroom resides.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Whether marriage under special marriage act or under the provisions of personal law,  it can be registered only in the jurisdiction where either of the party resides or hails from. 

Any couple desirous of getting their marriage registered under the provisions of special marriage act has to strictly adhere to the provisions prescribed in the law for that purpose. 

Law has no exception to the whims or any reason that the concerned party may project seeking such exceptions. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can only do it if you have address proof of that state 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No, it is not possible. Jurisdictions of marriage officers are clearly defined. Statutory notice cannot be waived. Both parties need to produce ID and address proofs before the marriage officer.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

The Special Marriage Act, 1954 Section 5 specifies that the parties must give written notice to the Marriage Officer of the District and that at least one of the parties must have lived in the district for at least 30 days immediately before the date of such notification.

According to Section 6 of the Act, the original and genuine copy of the notification must be submitted in the ‘Marriage Notice Book.’ After the Marriage Officer receives the application, he or she will publish a thirty-day public notice to see whether there are any objections to the marriage. Non-compliance with any of the Act’s criteria or requirements is one of the most common objections dealt with.

Once such an application has been received by the marriage officer, duly signed by both parties, the officer shall then issue a thirty-day public notice to raise objections to the intended marriage if any. The objections generally relate to non-compliance with the conditions referred to in Section 4 of the Act (also referred to in Step 1). If the conditions are duly met and no such objections are raised, a marriage certificate should be entered in the Marriage Certificate Book. Here, both the intending parties and the witnesses are required to sign.

 Marriage under Special Marriage Act can be registered in the office of the Marriage Officer under whose jurisdiction bride or bridegroom resides. 

 Please do understand  that publication of  notice is mandatory and the place of registration is decided according to the places of living of parties who intended to marry each other.

 

Law does not allow for exceptions based upon whims or any other reason that a concerned party may project.

Even though if both have resided in any other place than their own home town they will produce rental agreement before the marriage officer for the purpose of marriage at that place .

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

- As per law , if both the parties are Indian , then present of at least one of the party must be for 30 days in that area where the marriage is going to be registered. 

- Further, the residence proof of one of the party is necessary for registration of marriage , hence if you not having residence proof then it cannot be entertained for registration. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Hi,  The marriage registration will be decided on the basis of the address proof of the parties. If you able to show the address proof of some other cities then you can register there also. 

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

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