Chapter II§4–14
Solemnization of Special Marriages
The 30-day public-notice procedure that defines a 'special marriage'. §4 sets the four substantive conditions (no living spouse, sound mind, age 21/18, outside prohibited relationship). §5 requires written notice to the Marriage Officer where one party has lived 30+ days. §§6–7 publish the notice and allow any person to object on §4 grounds. §§8–10 fix the inquiry, costs for mala fide objections, and the procedure abroad. §§11–13 carry out the marriage itself (signed declaration, place and form, marriage certificate). §14 makes the notice lapse if marriage is not solemnised within three months.
11 sections · MVP coverage
Conditions relating to solemnization of special marriages
Five conditions for a valid special marriage — no living spouse; both sound-minded and fit for marriage; male 21, female 18; outside the First Schedule's prohibited degrees (custom may permit); for J&K solemnisations, both must be Indian citizens domiciled in the rest of India.
Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:— (a) neither party has a spouse living; (b) neither party— (i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (iii) has been subject to recurrent attacks of insanity; (c) the male has completed the age of twenty-one years and the female the age of eighteen years; (d) the parties are not within the degrees of prohibited relationship: Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship; and (e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.
Explanation.—In this section, "custom", in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family: Provided that no such notification shall be issued in relation to the members of any tribe, community, group or family, unless the State Government is satisfied— (i) that such rule has been continuously and uniformly observed for a long time among those members; (ii) that such rule is certain and not unreasonable or opposed to public policy; and (iii) that such rule, if applicable only to a family, has not been discontinued by the family.
Notice of intended marriage
Both parties must give written notice (Form in the Second Schedule) to the Marriage Officer of a district in which at least one of them has resided for 30+ days immediately preceding the notice.
When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.
Marriage Notice Book and publication
The Marriage Officer enters every notice in a public 'Marriage Notice Book' open to inspection, displays a copy at the office, and (if either party permanently resides elsewhere) sends a copy to that other district's Marriage Officer for similar display.
(1) The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.
(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.
(3) Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under section 5, the Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.
Objection to marriage
Any person may object within 30 days of publication on the ground that the marriage breaches a §4 condition; after the 30-day window passes without objection, the marriage may be solemnised; objections are recorded, read over to the objector and signed.
(1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.
(2) After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of section 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1).
(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf.
Procedure on receipt of objection
On objection, the Marriage Officer must inquire (capped at 30 days) and either solemnise (objection rejected/withdrawn) or refuse; either party may appeal a refusal to the district court within 30 days, and the court's decision is final.
(1) If an objection is made under section 7 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision.
(2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer shall act in conformity with the decision of the court.
Powers of Marriage Officers in respect of inquiries
For a §8 inquiry the Marriage Officer wields CPC civil-court powers (summons, discovery, document production, affidavit evidence, commissions); the proceeding is 'judicial' for IPC §193 perjury; mala fide objections can attract costs up to ₹1,000.
(1) For the purpose of any inquiry under section 8, the Marriage Officer shall have all the powers vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and inspection; (c) compelling the production of documents; (d) reception of evidence of affidavits; and (e) issuing commissions for the examination of witnesses; and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code (45 of 1860).
Explanation.—For the purpose of enforcing the attendance of any person to give evidence, the local limits of the jurisdiction of the Marriage Officer shall be the local limits of his district.
(2) If it appears to the Marriage Officer that the objection made to an intended marriage is not reasonable and has not been made in good faith he may impose on the person objecting costs by way of compensation not exceeding one thousand rupees and award the whole or any part thereof, to the parties to the intended marriage, and any order for costs so made may be executed in the same manner as a decree passed by the district court within the local limits of whose jurisdiction the Marriage Officer has his office.
Procedure on receipt of objection by Marriage Officer abroad
For a §7 objection in J&K (against a marriage intended in J&K), the Marriage Officer who entertains doubts must not solemnise but transmit the record to the Centre; the Centre's written decision binds the officer.
Where an objection is made under section 7 to a Marriage Officer in the State of Jammu and Kashmir in respect of an intended marriage in the State, and the Marriage Officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government, and the Central Government, after making such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer who shall act in conformity with the decision of the Central Government.
Declaration by parties and witnesses
Before solemnisation, the two parties and three witnesses sign a declaration (Third Schedule) in the Marriage Officer's presence; the officer countersigns it.
Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.
Place and form of solemnization
The marriage may be solemnised at the Marriage Officer's office or any other place within reasonable distance, in any form the parties choose — provided that each says to the other, in the Officer's and three witnesses' presence, 'I, (A), take the (B), to be my lawful wife (or husband)'.
(1) The marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.
(2) The marriage may be solemnized in any form which the parties may choose to adopt: Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties,—"I, (A), take the (B), to be my lawful wife (or husband)".
Certificate of marriage
The Marriage Officer enters a certificate (Fourth Schedule) in the Marriage Certificate Book, signed by the couple and three witnesses; the entry is conclusive evidence of the marriage and of compliance with witness-signature formalities.
(1) When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.
(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.
New notice when marriage not solemnized within three months
If the marriage is not solemnised within 3 months from notice (or from a §8 appeal decision or §10 Central decision), the notice and all proceedings lapse — a fresh notice is needed.
Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5, or where an appeal has been filed under sub-section (2) of section 8, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.