Earlier, Marriage was the most common practice of formalizing relationships, as it is an essential institution in India. Modernization has also led people to look for more marriages. This can be done as per the Special Marriage Act, 1954, which allows individuals of different faiths or religions to marry without the interference of religious ceremonies. Here is a brief reading about the Special Marriage Act registration process online registration in India, its procedure, and importance.
What is the Special Marriage Act?
The Special Marriage Act, 1954, was enacted to provide for civil marriage to all Indian citizens, irrespective of their religion, caste, or creed. The Act enables people from different communities to marry based on a secular law, without conversion to another’s religion. This is especially helpful in a diverse nation like India, where interfaith and inter-caste marriages are often met with social and legal roadblocks.
In contrast to the religious marriage laws in India, the Special Marriage Act does not even require any religious ceremony for a marriage. This makes it a perfect choice for couples who are looking to get married beyond the confines of traditional or religious boundaries.
Why Register under the Special Marriage Act?
The most important benefit of a marriage registered under the Special Marriage Act is that it provides protection to the marriage from the jurisdiction of any other religion or law. Marriage under this act does not bind any religious laws on couples. It is beneficial in such situations where people practice different religions or belong to different communities and they do not wish to go through the expensive process of conversion.
- Formalization through legal frameworks: The marriage is legal and bestows certain rights and responsibilities on both individuals.
- Property rights: Guarantees benefits like the right to inheritance, property rights, the right to petition for maintenance and divorce under civil law.
- Validity beyond national boundaries: A marriage registered under the Special Marriage Act is not only valid in India but also abroad, enabling couples to live or work abroad with ease.
Special Marriage Act in India for Online Registration
The option to apply online has made the process of registering under the Special Marriage Act in India easier. This simplifies the process, reduces paperwork, and allows couples to track the registration from their living rooms. Nonetheless, the official, legally relevant formalities and procedures for online registration still need to be followed.
Step 1: Who can register under the Special Marriage Act
Now, you need to check if you are eligible to apply for online registration. The following conditions need to be fulfilled as per the Special Marriage Act, 1954:
- Age: The bride must be at least 21 years old, and the groom must be at least 22 years old.
- Consent: The marriage must be entered into with the free consent of both parties.
- No Blood Relation: The parties must not be any blood relation as per the Special Marriage Act.
- Mental Fitness: Each party to the marriage must have a sound mind and be capable of understanding the nature of the marriage.
Provided that both parties meet these requirements, they may move through the application process together.
Step 2: Online Registration of Special Marriage Act
The couple intending to apply online for Special Marriage Act registration will be required to visit the respective state government portal or the Ministry of Law and Justice, which is responsible for it. The process is pretty simple:
- Registration: Both parties can register their status on the portal, filling in the relevant details such as name, age, religion, and marital status
- Application Form: Next, you will be required to fill out the Special Marriage Act registration application form. The form includes names of the bride and groom, their parents’ info, and their addy.
- Upload Documents: A couple must upload some documents with the application. These typically include:
- Read more: Proof of age (birth certificate, passport, etc.)
- Proof of identity (Aadhar card, voter ID, passport)
- Proof of address (Aadhar card, electricity bill, passport)
- Two passport-size photographs of both parties
- Affidavit of marital status
- Copy of the notice published under Section 5 of the Special Marriage Act
- Pay Fees: Once the application is completed and documents uploaded, the couple has to pay the registration fee. The cost differs from state to state, usually being relatively low.
After successfully submitting the application, an acknowledgment receipt will be generated. This receipt will need to be retained because it provides proof that the application has been submitted.
Step 3: Document Verification and Notice Publication
- Verification of Documents: The authority will verify the documents submitted by the couple. If discrepancies are found, the couple might be asked to supply further documents or clarification.
- Notice Publication — As per Section 5 of the Special Marriage Act, a notice is published in the office of the Marriage Registrar. This notification is published for a maximum period of 30 days, during which anyone who comes to know about any objection can contact the authorities and raise such objections. When no one raises an objection after the notice period, the marriage can be registered.
- Marriage Registrar Interview: After completion of the notice period, the couple will be called to the office of the Marriage Registrar for an interview. This interview, called a marriage interview, includes questions about the couple’s intentions to marry.
Step 4: Marriage Registration and Certificate Issuance
Once the verification and notice period is over, and there are no objections, the marriage will be solemnized and registered under the Special Marriage Act. Steps involved in this are —
- Marriage solemnization: The marriage ceremony is performed before the Marriage Registrar and two witnesses. Marriage under the Special Marriage Act is a kind of civil marriage as compared to a traditional marriage ceremony.
- Marriage Certificate: A marriage certificate will be granted to the couple under the Special Marriage Act. The certificate is the legal record of the marriage and is required for applications for visas, name changes, and joint bank accounts.
Advantages of Special Marriage Act Registration Online
Benefits of Online Registration of Marriage under Special Marriage Act are as follows:
- Convenience: The process can be done online and does not require multiple visits to the registrar’s office. Couples can file at home, submitting documents and filling out forms.
- Rapid Processing: The marriage registration process has been simplified, hence the marriage registration processing time has been cut
- Transparency: The online portal ensures transparency in the entire process. Couples can monitor the status of their application and follow up when needed.
Special Marriage Act Registration Issues
Although the online registration process is beneficial, it can also come with challenges for couples:
- Objections: A third party can raise an objection to the marriage, even after the notice period has expired. If there are objections, the couple must bring evidence to refute them.
- Delay in Verification: In case the documents that have been submitted are not in place, then the verification is delayed, which means a longer waiting period.
- Complex Documentation: The documentation process may seem tedious for some couples due to the need for proofs.
Conclusion
We would like to know the relevance of Special Marriage Act registration as a legal aid, which plays a critical role for people who marry outside of religious and social customs. Online registration also allows couples to bypass red tape.
The Special Marriage Act is relevant to a diverse country like India, where one can marry the person of one’s choice without the fear of legal or societal discrimination, in a way that upholds individual rights. The emergence of online registration has quickened this process sevenfold and saves unnecessary time and paperwork at all levels, whether for Couples opting for an in-house Civil and Legal Marriage in India.
