Application Form for registration of marriage under Special Marriage Act.
**Sample PDF of the Affidavit is attached at the end.
Why is this application used?
- To register a marriage that was solemnised before the Special Marriage Act, 1954 came into effect.
- To bring such marriages into the legal framework of the Act.
- To obtain a Marriage Certificate under SMA (a secular law, unlike the Hindu Marriage Act).
When is it used?
- When a couple had a valid marriage (performed as per custom/ceremony) before 1954 but now wants it registered.
- Also used in some States for couples who married under custom but later want to register it under SMA instead of HMA.
- Particularly useful for inter-caste, inter-religion, or civil marriages.
What is its purpose?
- To give statutory recognition under the Special Marriage Act.
- To ensure the marriage is recorded for legal rights: inheritance, legitimacy of children, maintenance, succession, divorce, etc.
- To provide a valid government-issued Marriage Certificate.
- To safeguard the rights of couples where personal law does not apply.
Other important things
- Age requirement: Both must be 21 years or above.
- No prohibited relationship: Unless custom permits.
- Documents needed:
- Age proof
- Address proof (must show 30 days' residence in jurisdiction)
- Proof of marriage (wedding photos, priest's certificate, invitation card, affidavit)
- ID proof (Aadhaar, voter ID, passport)
- Passport photos of both parties
- Affidavit declaring marital status & mental capacity
- All documents attested by Gazetted Officer
- Witnesses: At least 3 required.
- Originals must be produced at verification & registration.
False declarations: Attracts punishment under Bharatiya Nyaya Sanhita, 2023 (perjury: Sections 227, 229, 238).
FAQs
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Q1. What is the difference between registration under HMA and SMA?
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HMA Section 8 → for Hindus, Buddhists, Sikhs, and Jains who marry as per Hindu rites.
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SMA Section 15 → for marriages outside personal laws, especially inter-religion, inter-caste, or pre-1954 marriages needing legal cover.
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Q2. Why does it ask about "residing 30 days within jurisdiction"?
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Because under SMA, the Marriage Officer has authority only if either spouse has lived in his jurisdiction for at least 30 days before application.
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Q3. Do both husband and wife need to be Hindus for SMA?
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No, SMA is secular—parties can be from any religion or even declare no religion.
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Q4. If a marriage was already solemnised, why register again?
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Because customs or religious marriages alone may not create official government records. Registration under SMA gives full statutory recognition.
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Q5. What if one spouse had a living partner?
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Application will be rejected. Bigamy is void under SMA and punishable.
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Q6. Can NRI couples use this?
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Yes, provided one party has resided at least 30 days in India within Marriage Officer's jurisdiction.
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Q7. Is the certificate valid abroad?
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Yes, SMA certificates are widely accepted internationally for visa, immigration, etc.
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Q8. Can a false declaration cancel the marriage?
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Yes, if fraud/misrepresentation is found, registration is liable to be cancelled + criminal liability.
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Q9. Is there a time limit to apply?
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For old marriages (pre-1954), no strict time limit. But for recent marriages, registration should be done within State-prescribed period (with a late fee allowed).
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Q10. What if the marriage falls under a prohibited relationship?
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It will be void unless customs allow and proof is provided.
📁 Downloads & Resources
Access related documents and legal forms
| Attachment | Size |
|---|---|
| sample-application-for-registration-of-special-marriage (66.55 KB) | 66.55 KB |
All Photocopies (Documents) / Xerox, along with Photographs on the front, should be attested by a Gazetted Officer.
Please bring your original documents while submitting the application form as well as at the time of registration.
Name with
APPLICATION FOR REGISTRATION OF MARRIAGE UNDER SECTION 15 OF SPECIAL MARRIAGE ACT, 1954
(CENTRAL ACT 43 OF 1954)
NAME WITH PARENTAGE
HUSBAND ..........................................................
FATHER'S NAME .............................................
WIFE ....................................................................
AGE & DATE OF BIRTH
FATHER'S NAME .............................................
HUSBAND ..........................................................
WIFE ....................................................................
PERMANENT DWELLING PLACE
HUSBAND ..........................................................
WIFE ....................................................................
PRESENT DWELLING PLACE
HUSBAND ..........................................................
WIFE ....................................................................
RELATION OF ANY PARTIES
BEFORE MARRIAGE ..........................................................................................................
A ceremony of Marriage was performed between …………………………………………… (Name of the Husband) and Smt. ………………………………………………… .. (Name of wife) on ……………………………… (date) at …………………………………… . (place)
We declare that we have been living together as husband and wife ever since the date noted above. We hereby declare that Neither of us had more than one spouse living on the and mentioned in the application. Neither of us is an idiot or a lunatic. Both of us have completed the age of Twenty One years of age on the date of this application.
We are not within the degrees of prohibited relationship. Our marriage was celebrated before the commencement of the Special Marriage Act 1954 (Central Act 43 of 1954) and, according to the law, custom and age have the force of law governing each of our relationships according to the act for said.
Marital status at the time of marriage
Husband ................................................
Wife .....................................................
Score out whichever is not applicable.
We have been residing within the jurisdiction of the Marriage Officer, Delhi, for a period of not less than thirty days immediately preceding the date of this application.
We declare that all the particulars are true to the best of our knowledge and belief.
Station............................ Signature ................................................ Dated .............................. (Husband)
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