• Special Marriage Act

Hello, I wanted to know if it’s possible to call the registrar at the wedding venue (not at the registrar’s office) to solemnize the marriage under Special Marriage Act in Delhi and later register the marriage at the registrar’s office? Or is it necessary to both solemnize as well as register the marriage at registrar’s office? 

Also, what’s considered solemnization of marriage and what’s considered registration of marriage in case of Special Marriage Act? And how soon after solemizing the marriage, should the marriage be registered under SMA?
Asked 3 years ago in Family Law
Religion: Muslim

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7 Answers

Rule 17 framed in Maharashtra under special marriage act provides 

 

7 Solemnization of marriage at places outside office. — (1) When the marriage is to be solemnized or registered at a place other than the office of the Marriage Officer, the Marriage Officer may, on the written application and at the cost of parties to the marriage for the journey to and for attend at the place for the purpose.
(2) (i) The Marriage Officer shall not remain absent from his office for more than 3 hours when the Marriage is to be solemnized at any place in the town or city where his office is located.
(ii) The Marriage Officer shall not be required to go to a place more than 30 miles distance from his office for solemnizing a marriage:
Provided that these restrictions shall not proclude the Marriage Officer from visiting any taluka place within his jurisdiction for the purpose if the visit does not involve absence from his head-quarter more than 2 days at a time including the time required for the journey and no other marriage is fixed during his absence:
Provided further that, these restrictions shall not apply to visits made out of office hours or on Sunday or public holidays.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It should be possible 

 

contact any lawyer from Delhi in this regard 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

After being married in the eyes of the law, if the couple are religious, they then attend a marriage ceremony conducted by a religious celebrant in their place of worship. This is what is generally understood as "solemnising" the marriage according to the couple's religious beliefs.

Registering your marriage refers to the filing and verifying of legal documents pertaining to your marriage, in preparation for solemnisation. On the other hand, solemnisation is the act of your official wedding ceremony to effect a marriage.

The Solemnizing Officer is an officer vested with the authority to solemnize or officiate the marriage of a man and a woman in accordance with law or with the rites, practices, and ceremonies as prescribed or granted by their religion/religious sect or tribe or ethnic aggravations.

 

REQUIREMENTS FOR REGISTRATION TO SOLEMNIZE MARRIAGE

  1. Two copies of Accomplished Application Form subscribed and sworn to before a person authorized to administer oath with affixed documentary stamp.
  2. Two copies of colored ID pictures with white background taken not more than a month ago.

  3. Any individual above the age of 21is eligible to be a witness at your solemnisation. This includes family members and your close friends of any nationality 

You can use the photographs, wedding inviation cards etc...  

 

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

Under section 12 of  the provisions of Special marriage act,1954, 

Place and form of solemnization.—

(1) The marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.

(2) The marriage may be solemnized in any form which the parties may choose to adopt: Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties,—“I, (A), take the (B), to be my lawful wife (or husband).”

 

Section 13 of the SMA. 1964 states:

Certificate of marriage.—

(1) When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.

(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.

 

The marriage is to be solemnised within three months from the date of notice. 

Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5, or where an appeal has been filed under sub-section (2) of section 8, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.

Procedure for registration.—Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

This is central law applicable to entire country.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Solemnization of marriage and registration of marriage are two differnt subjects.

Therefore the marriage officer can solemnise the marriage at the venue within the provisions of law and get the marriage registered at Registrar office.

This is central law applicable to entire country.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes you can file an application and requisite fees with registrar office to get him in the venue. After you get registered under SMA it's both solemnisation and registration of marriage 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client,  

Under the Special Marriage Act, the marriage can be solemnized by a Marriage Officer in any location within his/her jurisdiction. Therefore, it is possible to call the Marriage Officer at the wedding venue to solemnize the marriage under the SMA. After the solemnization of the marriage, the couple must register their marriage within 30 days from the date of marriage. Registration of the marriage must be done at the office of the Marriage Registrar appointed under the Special Marriage Act.

Solemnization of marriage under the SMA means the performance of the ceremony according to the provisions of the Act by the Marriage Officer in the presence of the parties and three witnesses. Whereas registration of marriage refers to the process of recording the marriage in the register maintained by the Marriage Officer after the solemnization of the marriage.

It is important to note that under the SMA, the registration of the marriage is mandatory, and the non-registration of the marriage may lead to legal complications in the future. Therefore, it is advisable to register the marriage as soon as possible after the solemnization of the marriage.

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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