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, Jains 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, Jains 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.
1. | Registration of Marriages which have already been solemnised. |
2 | Solemnisation of Marriage under Special Marriage Act |
3 | Degree of Prohibited relationship as per the Hindu Marriage Act, 1955 |
4 | Degrees of Prohibited relationship as per the Special Marriage Act, 1954 |
5 | The First Schedule [Degree of Prohibited Relationship] |
Registration of Marriages which have already been solemnised.
Q. Where do I have to go and during which hours?
To the concerned SDM office provided any of the husband or wife resides in the jurisdiction of Central District, during 10.00 a.m. to 1.00 Noon on any working day.
Q. Which papers/documents/fees, do I take with me?
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, alongwith 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 alongwith three witnesses are required to be present on the date of registration.
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 concerned SDM office provided any of the husband or wife resides in the jurisdiction of Central District, during 10.00 a.m. to 1.00 Noon on any working day.
Q. Which papers/documents/fees, do I take with me?
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 alongwith 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses atleast one day in advance.
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
degrees of prohibited relationship – two persons are said to be within the degrees of prohibited relationship –
Explanation – For the purposes of clauses 3(f) and 3(g), relationship includes –
and all terms of relationship in those clauses shall be construed accordingly.
Degrees of Prohibited relationship as per the Special Marriage Act, 1954
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:-
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 ancestors but by different husbands.
Explanation (IV) – In Explanations II and III, ancestor includes the father and ancestors of the mother
THE FIRST SCHEDULE [ DEGREE OF PROHIBITED RELATIONSHIP]
Mother.
Fathers widow (step mother).
Mothers mother.
Mothers fathers widow (step grand-mother).
Mothers mothers mother.
Mothers mothers fathers widow (step great grand-mother).
Motherss fathers mother.
Mothers fathers fathers widow (step great grand-mother).
Fathers mother.
Fathers fathers widow (step grand-mother).
Fathers mothers mother.
Fathers mothers fathers widow (step great grand-mother).
Fathers fathers mother.
Fathers fathers fathers widow (step great grand-mother).
Daughter.
Sons widow.
Daughters daughter.
Daughters sons widow.
Sons daughter.
Sons sons widow.
Daughters daughters daughter.
Daughters daughters sons widow.
Daughters sons daughter.
Daughters sons sons widow.
Sons daughters daughter.
Sons daughters sons widow.
Sons sons daughter.
Sons sons sons widow.
Sister.
Sisters daughter.
Brothers daughter.
Mothers sister.
Fathers sister.
Fathers brothers daughter.
Fathers sisters daughter.
Mothers sisters daughter.
Mothers brothers daughter.
Explanation – For the purposes of this Part, the expression widow includes a divorced wife.
Father.
Mothers husband (step-father).
Fathers father.
Fathers mothers husband (step grand-father).
Fathers fathers father.
Fathers fathers mothers husband (step great grand-father).
Fathers mothers father.
Fathers mothers mothers husband (step great grand-father).
Mothers father.
Mothers mothers husband (step grand-father).
Mothers fathers father.
Mothers fathers mothers husband (step great grand-father).
Mothers mothers father.
Mothers mothers mothers husband (step great grand-father).
Son.
Daughters husband.
Sons son.
Sons daughters husband.
Daughters son.
Daughters daughters husband.
Sons sons son.
Sons sons daughters husband.
Sons daughters son.
Sons daughters daughters husband.
Daughters sons son.
Daughters sons daughters husband.
Daughters daughters son.
Daughters daughters daughters husband.
Brother.
Brothers son.
Sisters son.
Mothers brother.
Fathers brother.
Fathers brothers son.
Fathers sisters son.
Mothers sisters son.
Mothers brothers son.
Explanation – For the purposes of this Part, the expression husband includes a divorced husband.