Knowledge on Special Marriage act
1 month ago
Me and my Girl are from different faith. She is just 20 and she is constantly being forced by her mom to get married. She has been denying it on it multiple times, and still there is a talk constantly whenever there are relatives in their home asking to find a groom. We feel so stressed about it. We are firm to get settled and complete our studies first of all. We were pushed to think about this however. We have been seeing about the Special Marriage Act. We got to see that there is a procedure of sticking notice on the board of the registrar office. We see no point in that, that there involves a community who would potentially make problem out of it. We are seeking help, and some advice from experts about the options we have got, which would help us be in peace and focus on our career, and get into a married life peacefully.
A.Dear Client,
Any couple wanting to marry under Section 5 of the Spl. Marriage Act, should notify the marriage officer in the district where at least one of the two has lived for at least 30 days. Further, you can inform your plights to the Chairperson, National Women Commission( Email::ncw[at]nic[dot]in, Complaint & Investigation Cell:: complaintcell-ncw[at]nic[dot]in or State Women Commission and Chairperson, National Human Rights Commission online at (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints). Being a mature and educated woman you need to take suitable and well-informed action to redress your plights to make your life happier and secure.
Any couple wanting to marry under Section 5 of the Spl. Marriage Act, should notify the marriage officer in the district where at least one of the two has lived for at least 30 days. Further, you can inform your plights to the Chairperson, National Women Commission( Email::ncw[at]nic[dot]in, Complaint & Investigation Cell:: complaintcell-ncw[at]nic[dot]in or State Women Commission and Chairperson, National Human Rights Commission online at (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints). Being a mature and educated woman you need to take suitable and well-informed action to redress your plights to make your life happier and secure.
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A.Dear Friend,
You may go through the following procedure under Special Marriage Act
Conditions Necessary for A Marriage
The following conditions are necessary:
1. That neither party has a spouse living at the time of marriage.
2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
3. That neither party 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.
4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:
http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html
The requirements of procedure as per Karantaka State is as follows regarding fees and formats
3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.
4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.
(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.
(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be
1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.
http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx
You may go through the following procedure under Special Marriage Act
Conditions Necessary for A Marriage
The following conditions are necessary:
1. That neither party has a spouse living at the time of marriage.
2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
3. That neither party 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.
4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:
http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html
The requirements of procedure as per Karantaka State is as follows regarding fees and formats
3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.
4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.
(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.
(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be
1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.
http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx
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