How To Register Special Marriage Act
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In india marriages are registered under two acts mainly one being the hindu marriage act 1955 and the other one being the special marriage act 1954.
How to register special marriage act. A marriage which has already been solemnized can be registered either under the hindu marriage act 1955 or under the special marriage act 1954. Registering a marriage under the special marriage act requires the same documentation and paperwork as prescribed for hindu marriage act. A kerala based law student has filed a pil in the supreme court claiming that some provisions of the special marriage act violate the fundamental rights of couple intending to marry and deprive. Special marriage act has carved a simple means to legally register a marriage between two people from different religion however even if both of the intending parties belong to the same religion. The special marriage act provides for both solemnizations as well as legal registration.
In india all marriages can be registered either under their respective personal laws hindu marriage act 1955 muslim marriage act 1954 or under the special marriage act 1954. A marriage in violation of any of the above conditions will stand null and void under the special marriage act 1954. According to this act the couples have to serve a notice with the relevant documents to the marriage officer 30 days before the intended date of the marriage. Since it is a vital part of the documentation of the marriage the supreme court of india made it mandatory for all the marriages to be registered in the year 2006. The hindu marriage act is applicable in cases where both husband and wife are hindus buddhists jains or sikhs or where they have converted into any of these religions.
Both parties will give a minimum of 30days notice to the sub registrar where one of the intending couples resides. Here is how to register the marriage under the special marriage act.