MARRIAGE ACT, 1954 Any two persons irrespective of their
religion can marry under the Special Marriage Act, 1954.
Conditions for Marriage.
conditions are required to be met for a marriage under
Neither party should have a husband or wife living.
Neither party is an idiot or lunatic.
The bridegroom must have completed 21 years and the
bride the age of 18 years.
(d) The parties are not within the degree of prohibited
Both parties should be citizens of and domiciled within
the territories to which the Act applies.
(a) Notice to be given by the bride and bridegroom to
the Marriage Officer of the district in which one of
them had been residing immediately previous to the notice
for atleast 30 days.
Marriage Officer records the notice to a conspicuous
part of his office and sends a copy to the Marriage
Officer of the District in which the party giving the
notice has permanent residence and it would also be
affixed by the officer in his office.
30 days time is given for any person to raise any objections
to the intended marriage.
From the date of receipt of any objections within 30
days, the Marriage Officer should enquire into the objections.
If the objection is upheld, either party to the intended
marriage may appeal to the District Court whose decision
shall be final.
In case there is no objection or the objection is rejected,
the parties with 3 witnesses sign in presence of the
Marriage Officer declarations to the effect that they
are unmarried and are not related within prohibited
degrees and have completed 21 years (Husband) and 18
(g) The marriage is therefore solemnized in any form
which parties choose to adopt. The form must have the
following declaration by each party to the effect; "I
take thee to be my lawful wife (or husband)." The parties
and 3 witnesses then sign the certificate of solemnization.
This certificate is conclusive certificate of solemnization.
(h) The solemnization should be completed within 3 months
from the date of notice and otherwise the notice lapses
and a new notice will have to be issued. Civil Marriage
by Registration: The marriage under the special Marriage
Act is a civil marriage by registration.