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Comprehensive Guide to Special Marriage Registration in Hyderabad

What is the Special Marriage Act?

The Special Marriage Act, 1954, allows individuals of different religions, nationalities, or castes to marry in India without converting to another religion. It also provides legal recognition for interfaith and intercaste marriages.


Eligibility Criteria for registration of marriage under Special Marriage Act: 

Before you begin the registration process, ensure you meet the following eligibility criteria:

  1. Age: The groom must be at least 21 years old, and the bride must be at least 18 years old.

  2. Mental Health: Both parties should be of sound mind and capable of giving valid consent.

  3. Marital Status: Both parties should be unmarried or divorced. If previously married, the individual must provide proof of divorce or the death certificate of the spouse.

  4. Prohibited Relationship: The couple should not fall within the degrees of prohibited relationship as per the Act, unless the custom or usage governing each of them permits such a marriage.


Prohibited Relationship under Special Marriage Act:

The Special Marriage Act specifies certain degrees of prohibited relationships to ensure that marriages do not occur between close relatives. These relationships are based on traditional family structures and are designed to prevent incestuous unions.

Under Section 4(c) of the Special Marriage Act, a marriage is prohibited if the relationship between the parties falls within the following categories:

  1. Direct Ascendants and Descendants: Mother and son, Father and daughter, Grandmother and grandson, Grandfather and granddaughter

  2. Siblings and Half-Siblings: Brother and sister, Half-brother and half-sister

  3. Uncles and Aunts with Nieces and Nephews: Uncle and niece, Aunt and nephew

  4. Children of Siblings: Children of a brother and a sister, Children of two brothers, Children of two sisters

Exceptions to Prohibited Relationships: While the above categories outline the general prohibited relationships, there are exceptions based on custom or usage.  If the customs or traditions governing at least one of the parties permit a marriage within the prohibited degrees, such a marriage can be legally solemnized under the Special Marriage Act. For instance, certain communities might have customs that allow marriage between certain types of cousins.

Special Marriage Registration in Hyderabad

Required Documents: 

You will need the following documents to register your marriage under the Special Marriage Act:

  1. Application Form: Filled and signed by both parties. You can download the form: https://registration.telangana.gov.in/resources/downloads/SpecialMarriageForms.pdf

  2. Proof of Age: Birth certificate, school leaving certificate, or passport.

  3. Proof of Residence: Voter ID, Aadhar card, passport, or utility bills.

  4. Photographs: Passport-sized photos of both parties.

  5. Affidavit: Declaration by both parties confirming their marital status, mental condition, and non-relationship within prohibited degrees.

  6. Witnesses: Three witnesses are required, each with their proof of identity (Voter ID, Aadhar card, etc.).

  7. Marriage Notice: Notice of the intended marriage, which will be displayed publicly for 30 days.

Step-by-Step Registration Process for Special Marriage Act in Hyderabad

  1. Notice of Intended Marriage: Visit the office of the Marriage Registrar in your jurisdiction. You can check for the Sub Registration office on this link: https://registration.telangana.gov.in/jusrisdictionSro.htm Submit the notice of intended marriage in the prescribed form. The notice will be displayed on the notice board of the registrar’s office for 30 days.

  2. Publication of Notice: The registrar will publish the notice to invite objections, if any, to the intended marriage. If no objections are received within 30 days, the marriage can proceed.

  3. Objection Handling: If any objections are raised, the registrar will investigate and make a decision within 30 days.

  4. Marriage Solemnization: After the 30-day period, if there are no objections, the marriage can be solemnized. Both parties, along with three witnesses, must be present on the date of solemnization. The marriage can be solemnized either at the registrar’s office or any other place chosen by the couple, within the jurisdiction of the registrar.

  5. Marriage Certificate: Post solemnization, the couple, witnesses, and the registrar will sign the marriage certificate. The certificate will be issued to the couple, providing legal recognition of their marriage.

Fees Under Special Marriage Act

Here's a detailed fee structure for marriage registration under the Special Marriage Act:

Particulars

Amount (INR)

For every notice of intended marriage or application for the registration of marriage (to be paid by the parties to the marriage).

2.00

For recording an objection (to be paid by the objector)

2.00

For every enquiry into objection (to be paid by the objector)

50.00

For every notice and for every summons to a witness to appear and give evidence or produce a document (to be paid by the parties to the marriage)

50.00

For solemnizing or registering a marriage (to be paid by the parties to the marriage)

1.00

For notice of marriage under section 14

1.00

For inspection of Marriage Certificate Book:


- For the first year

1.00

- For every additional year (to be paid by the applicant)

0.50

For granting a certified copy of an entry

2.00

For a certified copy or extract of an entry in other records (to be paid by the applicant)

1.00

For solemnizing or registering a marriage at any place outside the office of the marriage officer in addition to the fee in entry (5) (to be paid by the parties to the marriage)

15.00

For every notice of an intended marriage

120.00

For publication of notice

Actual charges

For receiving and processing or dealing with an objection

300.00

For solemnizing a marriage

240.00

For solemnizing a marriage at a place referred to in Rule 9(c)

90.00

For receiving notice of caveat

240.00

For certificate by Marriage Officer of notice having been given posted up

45.00

For a certified copy of reasons recorded under section 11 or section 17 for refusal to solemnize or, as the case may be, for refusal to register a marriage

45.00

For certified copy of an entry:


- In the Marriage Notice Book

25.00

- In the Marriage Certificate Book

25.00

For certificate of a document referred to in sub-section (1) of section 24

10.00

For making a search:


- If the entry is of the current year

25.00

- If the entry relates to any previous year or years

45.00

Important Points to Remember

  • The entire process takes a minimum of 30 days due to the notice period.

  • Both parties should be present in person along with the witnesses on the day of solemnization.

  • Ensure all documents are complete and accurate to avoid delays.

 

Are you looking for a Family Lawyer, connect with our team to help you with the registration process.



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