Can a marriage performed already according to religious customs be registered under Special Marriage Act? If so, how to get it registered?






Manu Manu
Answered on August 28,2019

Application duly filled in should be given in prescribed form in duplicate under Section 16 of the Special Marriage Act 1954 along with prescribed fee to the marriage officer. If there are no objections, marriage officer will register the marriage after 30 days if the husband and wife appear along with 3 witnesses subject to following conditions:

  •  They should have married and must be living together since then.
  •  At the time of marriage any of them should not have more than one living wife or husband.
  •  Any of them should not be idiot or lunatic at the time of registration of marriage.
  •  Husband and wife should have completed age of 21. They should not be within the degree of prohibited relationship described in schedule I of the Act.
  •  Husband and wife should have lived for a period not less than 30 days within the jurisdiction of marriage officer where registration is sought to be done.