How to register marriage under Special Marriage Act.

What is the Special Marriage Act (1954)

• A central law allowing civil marriage between persons, irrespective of religion, caste or creed.
• Provides for solemnisation and registration even of marriages already solemnised under other laws/customs.

Recent/New Rules

• No prominent recent amendments were found in gov.in/nic.in sources altering the core SMA procedure.
• Some states (e.g., Maharashtra) have published updated fee schedules and checklists for marriage registration under SMA.
• Digital services (online filing of notices, etc.) are available in several states. (Telangana), (Maharashtra), (Delhi)

State Examples of Procedure and Fees

How to Apply / Where to Send Application (Step-by-Step)

1. Eligibility check

• Both parties must be of legal age (male ≥ 21, female ≥ 18).
• Neither party has another living spouse.
• Not within prohibited degrees of relationship.
• Residing in the district of Marriage Officer for at least 30 days before notice.

2. Notice of Intended Marriage

• File a written notice in the prescribed form with the Marriage Officer of the district.
• The notice is published (displayed publicly) for objections.

3. Waiting period / Objections

• 30 days' waiting period after notice publication to allow objections.
• If an objection arises, Marriage Officer must conduct an enquiry.

4. Solemnization

• If no valid objection (or objection resolved), marriage is solemnised by Marriage Officer in the presence of three witnesses. Declaration is made.

5. Certificate of Marriage

• After solemnisation, the certificate is entered into the Marriage Certificate Book. Parties and witnesses sign. Registrar/MO issues certificate.

6. Application submission

• Submit notice & all documents to the local Marriage Officer/Sub-Registrar/Registrar Office for your district.
• Some states allow online submission (e.g., Maharashtra eMarriage portal or  (Telangana), (Delhi))

7. Fees/Payments

• Pay the prescribed fee (varies by state). See state examples above.

What to Prepare / Documents Required

• Proof of age (birth certificate, school certificate, passport, etc.)
• Proof of residence in district (at least 30 days)
• Affidavits by both parties (declarations: unmarried / divorced / widower / widow, etc.)
• Identity proof (Aadhaar, Passport, Voter ID)
• Two or more witnesses with identity proof
• Sometimes photos, etc.

Possible State Variations / Additional Conditions

• Solemnising outside the Marriage Officer's office may require an additional fee. (Seen in Karnataka rules.)
• Certified copies of the certificate or copies for official use cost extra.

FAQs on Registering Marriage under SMA

Q: Who can apply under SMA?

A: Any two persons, irrespective of religion/caste, if eligible by SMA conditions.

Q: What is the minimum age requirement?

A: Male ≥ 21 years, female ≥ 18 years.

Q: Can a marriage already solemnised (religious marriage) be registered under SMA?

A: Yes, under Section 15, if other conditions are met (monogamy, age, etc.).

Q: What is the notice period?

A: 30 days after the notice is published.

Q: What if someone objects during the notice period?

A: The marriage officer must enquire into the objection. If the objection is valid legally, they may refuse; otherwise, solemnise after resolution.

Q: Is residence in the district necessary?

A: Yes, one of the parties must have resided in the district of the Marriage Officer for at least 30 days before filing notice.

Q: Which office accepts applications/gives certificates?

A: The Marriage Officer/Registrar/Sub-Registrar in the district of notice or residence.

Q: Can solemnisation be done outside the registrar's office?

A: In many states, yes, with an additional fee. E.g., Karnataka charges extra for solemnising outside office.

Q: How many witnesses are required?

A: Three witnesses are required.

Q: What documents are needed?

A: Age proof, residence proof, affidavits, identity proofs, witnesses' identities, photographs, etc.

Q: What are fees?

A: Vary by state. Examples: Karnataka ~₹3 for notice; ~₹10 for registration; Maharashtra ~₹100 for registration.

Q: What if age proof or some document is missing?

A: Might delay application or require alternate proof. The MO may ask for satisfactory evidence.

Q: Can foreign nationals marry under SMA in India?

A: Yes, if other SMA conditions are met. MO may require a passport, etc. (not fully detailed in examples but SMA is secular in nature)

Q: Can someone apply through an agent/lawyer?

A: Yes, but both parties must sign/applications must be authentic; identity verification is still required.

Q: What is the timeframe from notice to certificate?

A: A Minimum 30 days (notice period) plus extra time if there are objections. Total could be ~1–2 months depending on state & objections.

Q: What happens if an objection is raised?

A: Enquiry by Marriage Officer; if the objection is valid, marriage may not be solemnised or the certificate refused. Objections should be based on SMA legal conditions.

Q: What if parties live in different districts? Which marriage officer?

A: The MO in either party's district (provided the residence requirement is fulfilled) can accept the notice.

Q: Is there an expiry of notice if marriage is not solemnised after the notice period?

A: Yes. If marriage is not solemnised within 3 months from the date notice is given (or after appeal or central government decision), the notice and proceedings lapse.

Q: What form is the marriage certificate?

A: Certificate in prescribed format under Act. Parties and witnesses sign. Document entered in Marriage Certificate Book.

Q: Where to find the prescribed forms/rules?

A: The Special Marriage Act (1954) on indiaCode.nic.in; the State Marriage Officer's office; state stamp and registration department websites. Also check state-wise portals (e.g., Karnataka, Maharashtra).