The Special Marriage Act is applicable to all citizens of India. Any person, irrespective of religion can solemnise and register their marriage under the Special Marriage Act, 1954. The persons intending to register their marriage under this Act have to give notice thereof in writing in specified forms to the concerned marriage officer, in whose jurisdiction at least one of the parties to the marriage have resided for a period of not less than 30 days immediately preceding the date on which notice is given.
A copy of the notice is affixed on the notice board of the registration office and a copy of the notice is sent to the marriage officer of the area where either of the parties having present/permanent addresses for similar publication. After the expiration of one month from the date of publication of the notice, if no objections are received the marriage may be solemnized. In case of objection the marriage officer conducts an enquiry and the marriage is solemnised after the enquiry concludes.
On the day of solemnisation, three witnesses are required plus basic identification documents which include proof of age and address of both parties, affidavit with regard to these as well marital status, fit mental condition, non-relationship between the parties within the degree of prohibition, passport size photographs and with three witnesses to finally solemnise the marriage. After that, the couple may apply to have their marriage registered and get an official marriage certificate from the registrar.
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