A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jainas or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jainas or Sikhs the marriage is registered under the Special Marriage Act, 1954.

Further, marriage can be solemnised between any two persons under the provisions of the Special Marriage Act, 1954.

Registration of Marriages which have already been solemnised.

Q. Where do I have to go and during which hours?

To the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 p.m. on any working day.

Q. Which papers/documents/fees, do I take with me?

1. Application form duly signed by both husband and wife.

2. Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate). Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.

3. Ration card of husband or wife whose area SDM has been approached for the certificate.

4. In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO).

5. Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.

6. Two passport size photographs of both the parties and one marriage photograph.

7. Marriage invitation card, if available.

8. If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.

9. Rs.100/- in case of Hindu Marriage Act and Rs.150/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form.

10. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be.

11. Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.

12. In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act).

All documents excluding receipt should be attested by a Gazetted Officer.

Q. What will be the criteria used while deciding my case?

A) Hindu Marriage Act

Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, along with a Gazetted Officer who attended their marriage, need to be present before the SDM. The Certificate is issued on the same day.

B) Special Marriage Act

Both parties are required to be present after submission of documents for issuance of public notice inviting objections. One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to both parties as per address given by them. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the SDM. Both parties along with three witnesses are required to be present on the date of registration.

Q. What are the relevant Forms?

Application Form for registration of marriage under Hindu Marriage Act.

Application Form for registration of marriage under Special Marriage Act.

Identification Certificate by Gazetted Officer

Affidavit

Q. When will I get a response?

You should be getting a response normally within 15 days in case of registration of marriage under Hindu Marriage Act and 60 days under Special Marriage Act.

Solemnisation of Marriage under Special Marriage Act

Special Marriage Act, 1954 provides for solemnisation of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners have been authorised as Marriage Officers for this purpose.

Q. Where do I have to go and during which hours?

To the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 Noon on any working day.

Q. Which papers/documents/fees, do I take with me?

1. Application form duly filled and signed by the bride and the groom.

2. Fee of Rs.15/- is to be deposited with cashier of District and the receipt should be attached with the form.

3. Documentary evidence of date of birth of both parties (Matriculation Certificate/Passport/Birth Certificate).

4. Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned SHO).

5. Separate affidavits from bride and groom giving:

a. Date of birth.

b. Present marital status: unmarried/widower/ divorcee.

c. Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.

6. Passport size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.

7. Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.

Q. What will be the criteria used while deciding my case?

For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the SDM. Any person may within 30 days of issue of notice, file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt. If the SDM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the SDM solemnises the marriage after 30 days of the notice. Both parties along with 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses at least one day in advance.

Q. What are the relevant Forms?

Collect the relevant Form from the office of Sub-Divisional Magistrate.

Q. When will I get a response?

You should be getting a response normally within 60 days.

Degree of Prohibited relationship as per the Hindu Marriage Act, 1955

Section 3 (f):

1. “Sapinda relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the First generation;

2. two persons are said to “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;

Section 3 (g):

“degrees of prohibited relationship” ? two persons are said to be within the “degrees of prohibited relationship” ?

1. if one is a lineal ascendant of the other; or

2. if one was the wife or husband of a lineal ascendant or descendant of the other; or

3. if one was the wife of the brother or the father?s or mother?s brother or of the grandfather?s or grandmother?s brother of the other; or

4. if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

Explanation ? For the purposes of clauses 3(f) and 3(g), relationship includes ?

1. relationship by half or uterine blood as well as by full blood;

2. illegitimate blood relationship as well as legitimate;

3. relationship by adoption as well as by blood;

and all terms of relationship in those clauses shall be construed accordingly.

Degrees of Prohibited relationship as per the Special Marriage Act, 1954

Section 2 (b):

“Degrees of prohibited relationship” ? a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.

Explanation (I) ? Relationship includes, —

a. relationship by half or uterine blood as well as by full blood;

b. illegitimate blood relationship as well as legitimate;

c. relationship by adoption as well as by blood;

and all terms of relationship in this Act shall be construed accordingly.

Explanation (II) ? “Full blood” and “half blood” ? two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III) ? “Uterine blood” ? two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation (IV) ? In Explanations II and III, “ancestor” includes the father and “ancestress” the mother;

The First Schedule [Degree of Prohibited Relationship]

PART I

1. Mother
2. Father’s widow (step-mother)
3. Mother’s mother
4. Mother’s father’s widow (step grand-mother)
5. Mother’s mother’s mother
6. Mother’s mother’s father’s widow (step-great-grandmother)
7. Mother’s father’s mother
8. Mother’s father’s father’s widow (step-great-grandmother)
9. Father’s mother
10. Father’s father’s widow (step-grandmother)
11. Father’s mother’s mother
12. Father’s mother’s father’s widow (step-great-grandmother)
13. Father’s father’s mother14. Father’s father’s father’s widow (step-great-grandmother)
15. Daughter
16. Son’s widow
17. Daughter’s daughter
18. Daughter’s son’s widow
19. Son’s daughter
20. Son’s son’s widow
21. Daughter’s daughter’s daughter
22. Daughter’s daughter’s son’s widow
23. Daughter’s son’s daughter
24. Daughter’s son’s son’s widow
25. Son’s daughter’s daughter
26. Son’s daughter’s son’s widow
27. Son’s son’s daughter
28. Son’s son’s son’s widow
29. Sister
30. Sister’s daughter
31. Brother’s daughter
32. Mother’s sister
33.Father’s sister
34. Father’s brother’s daughter
35. Father’s sister’s daughter
36. Mother’s sister’s-daughter
37. Mother’s brother’s daughter
Explanation: For the purposes of this Part, the expression “widow” includes a divorced wife.

PART II

1. Father
2. Mother’s husband (step-father)
3. Father’s father
4. Father’s mother’s husband (step-grandmother)
5. Father’s father’s father
6. Father’s father’s mother’s husband (step-great-grandfather)
7. Father’s mother’s father
8. Father’s mother’s mother’s husband (step-great-grandfather)
9. Mother’s father
10. Mother’s mother’s husband (step-grandfather)
11. Mother’s father’s father
12. Mother’s father’s mother’s husband (step-great-grandfather)
13. Mother’s mother’s father
14. Mother’s mother’s mother’s husband(step-great-grandfather)
15. Son
16. Daughter’s husband
17. Son’s son
18. Son’s daughter’s husband
19. Daughter’s son
20. Daughter’s daughter’s husband
21. Son’s son’s son
22. Son’s son’s daughter’s husband
23. Son’s daughter’s son
24. Son’s daughter’s daughter’s husband
25. Daughter’s son’s son
26. Daughter’s son’s daughter’s husband
27. Daughter’s daughter’s son
28. Daughter’s daughter’s daughter’s husband
29. Brother
30. Brother’s son
31. Sister’s son
32. Mother’s brother
33. Father’s brother
34. Father’s brother’s son
35. Father’s sister’s son
36. Mother’s sister’s son
37. Mother’s brother’s son
Explanation: for the purposes of this Part, the expression “husband” includes a divorced husband.

Author: Subrato Paul lives in Kolkata, India. He’s the owner of GoldenTwine Informatics, which he founded in 2003. He is a website designer, Internet marketer, and provides social networking and bookmarking services. He writes in his official blog and as a guest writer about Internet trends, computer issues, online marketing, website design and development, and his website…

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