The following are the essential conditions to be fulfilled for the registration of he marriage under Special Marriage Act.
Neither party has a spouse Living
Neither party is an idiot or lunatic
Bridegroom has completed the age of 21 years and the Bride has completed the age of 18 years.
Both the Bridegroom and Bride are not within the prohibited relationship.
Persons belonging to different relations and faiths can have their marriage Solemnized under this Act.
Marriages performed under other forms can also be registered under this Act.
The persons intending to register their marriage have to give notice thereof in writing in Triplicate in forms specified under second schedule under Section 5 to the marriage officer of the District in which at least one of the parties to the marriage have reside for a period of not less than 30 days immediately preceding the date on which notice is given.
After the receipt of the notice the marriage officer shall enter a true copy in the marriage notice Book and shall cause the notice to be published in the notice board of his office and also see that the notice is published in the office of the marriage Registrrsa in whose District the parties are permanently residing.
Any person before the expiration of 30 days may make an objection that the marriage contravenes the essential conditions noted above.
After the expiry of 30 days of notice the Sub-Registrar shall register the marriage after the Bridegroom and Bride sign a declaration in form specified in the Third Schedule in the presence of three witness and they should utter in the language known i(a) take the (b) I take b) to be my lawful wife.
The parties may choose any other form like exchanging the Garlands etc., apart from the above
By this process the marriage is deemed to have been solemnized and the marriage officer shall enter the particulars in the marriage certificate book and it will be signed by the parties to the marriage and Three Witnesses.
The procedure of Registration of Marriage performed in other forms
All the above procedure is same except that the utterance of i(a) take the (b) I take b) to be my lawful wife.
The parties may choose any other form like exchanging the Garlands ....etc apart from the above.
After the above procedure is over the parties will be issued an extract of the marriage register.