Marriage Registration Under the Special Marriage Act, 1954

Marriage is one of life's most significant milestones, and ensuring that it's legally recognized is essential. In India, marriage registration falls under different acts based on the religion and preference of the couple. For couples from different religions or those who wish to have a secular marriage, the Special Marriage Act of 1954 provides a straightforward path to legal recognition. In this guide, we'll walk you through everything you need to know about marriage registration under the Special Marriage Act, highlighting key details, processes, requirements, and benefits.

What is the Special Marriage Act?

The Special Marriage Act (SMA) of 1954 was enacted to facilitate marriage between individuals of different faiths or those who want a secular, civil ceremony without a religious component. Unlike other marriage acts in India, which require couples to follow rituals specific to their religion, the SMA allows for a legally valid marriage that is secular in nature. This law also covers Indian nationals who may be residing abroad and foreigners who wish to marry an Indian citizen.

Who Can Register Under the Special Marriage Act?

The Special Marriage Act is ideal for:

• Interfaith Couples: Those belonging to different religions or faiths who want their marriage to be legally recognized without religious ceremonies.
• Secular Couples: Those who prefer a non-religious marriage.
• Indian Nationals Living Abroad: Indian citizens who are residing outside the country and want to register their marriage.
• Indian and Foreign Nationals: When an Indian citizen wishes to marry a foreign national, the SMA provides a legal framework for the marriage.

Eligibility Criteria for Registration

To register a marriage under the Special Marriage Act, both parties need to meet certain criteria:

• Minimum Age: The bride should be at least 18 years old, and the groom should be at least 21.
• Sound Mind: Both individuals must be mentally sound to understand the responsibilities of marriage.
• Unmarried or Legally Divorced: Both parties should be single or legally divorced, as polygamy is not allowed under the SMA.
• No Prohibited Relationship: The couple must not be related in a way that would constitute a prohibited relationship under the law unless permitted by local customs.

Documents Required for Marriage Registration

The following documents are necessary for registering a marriage under the Special Marriage Act:

• Age Proof (Any One): Birth Certificate, School/College Leaving Certificate, Passport, S.S.C. Board Certificate showing DOB.
• Residential Proof (Any One): Aadhar Card (Mandatory), Ration Card, Election Card, Passport, Electricity Bill, Telephone Bill.
• Photographs and Witnesses: 6 passport size photographs each of the bride and groom, 3 common witnesses, and 3 passport size photographs of witnesses. Witnesses must present their Aadhar Card, Election Card, or Passport.

In case your marriage is already solemnized, the following additional documents are required:

• Wedding Card
• Age Proof and Residential Proof (as shown above)
• Signature of priest for Hindu Marriage / Signature of kazi for Nikah for Muslim marriages.
• If either party is a widow or widower, a death certificate of the deceased spouse is required.
• If either party is a divorcee, a divorce decree and court order copy is required.
• All documents should be attested before a Notary. Originals must be presented for verification before the Marriage Registrar, and they will be returned immediately after verification.