Answered on September 23,2019
Muslim Marriages in India are registered under Special Marriage Act. Special Marriage Act is applicable to all citizens of India irrespective of religion, caste and language. The Special Marriage Act provides for solemnization of a marriage as well as registration by a Marriage Officer.
Registration of Marriage under Special Marriage Act
Bridegroom and bride should give notice of intended marriage 30 days in advance for the solemnization of marriage along with prescribed fees.
Bride or bridegroom must have lived continuously for not less than 30 days within the jurisdiction of marriage officer before giving the notice.
The marriage may be solemnized after the expiry of one month from the date of publication of the notice, if no objections are received. If no objections are received within 30 days from the date of notice of intended marriage, bridegroom and bride should appear before the Marriage Officer within next 60 days from such notice along with three witnesses for solemnisation of the Marriage.
Marriage Officer after following procedure prescribed under act and rules will solemnise the marriage.
If any objections are received, the Marriage Officer has to enquire into them and take a decision either to solemnise the marriage or to refuse it.
If marriage is not solemnised within 90 days from the date of notice, then a fresh notice has to be issued.
Marriage Officer will administer oath in the prescribed form and solemnise marriage and issue certificate of marriage.
Bridegroom and bride and three witnesses shall sign the declaration and the certificate of marriage.
Registration of Marriages under Special Marriage Act after performance of religious customs
If marriage is already held according to the religious custom, Marriage can still be registered under Special Marriage Act.
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.
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