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A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs the marriage is registered under the Special Marriage Act, 1954.

Further, marriage can be solemnised between any two persons under the provisions of the Special Marriage Act, 1954.

1. Registration of Marriages which have already been solemnised.
2 Solemnisation of Marriage under Special Marriage Act
3 Degree of Prohibited relationship as per the Hindu Marriage Act, 1955
4 Degrees of Prohibited relationship as per the Special Marriage Act, 1954
5 The First Schedule [Degree of Prohibited Relationship]

Registration of Marriages which have already been solemnised.

Q. Where do I have to go and during which hours?

To the concerned SDM office provided any of the husband or wife resides in the jurisdiction of Central District, during 10.00 a.m. to 1.00 Noon on any working day.

Q. Which papers/documents/fees, do I take with me?

  1. Application form duly signed by both husband and wife.
  2. Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.
  3. Ration card of husband or wife whose area SDM has been approached for the certificate.
  4. In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO).
  5. Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
  6. Two passport size photographs of both the parties and one marriage photograph.
  7. Marriage invitation card, if available.
  8. If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
  9. Rs. 10/- in case of Hindu Marriage Act and Rs.15/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form.
  10. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be.
  11. Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
  12. In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage(in case of Hindu Marriage Act).

All documents excluding receipt should be attested by a Gazetted Officer.

Q. What will be the criteria used while deciding my case?

A) Hindu Marriage Act

Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, alongwith a Gazetted Officer who attended their marriage, need to be present before the SDM. The Certificate is issued on the same day.

B) Special Marriage Act

Both parties are required to be present after submission of documents for issuance of public notice inviting objections. One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to both parties as per address given by them. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the SDM. Both parties alongwith three witnesses are required to be present on the date of registration.

Q. When will I get a response?

You should be getting a response normally within 15 days in case of registration of marriage under Hindu Marriage Act and 60 days under Special Marriage Act.

Special Marriage Act, 1954 provides for solemnisation of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners have been authorised as Marriage Officers for this purpose.

Q. Where do I have to go and during which hours?

To the concerned SDM office provided any of the husband or wife resides in the jurisdiction of Central District, during 10.00 a.m. to 1.00 Noon on any working day.

Q. Which papers/documents/fees, do I take with me?

  1. Application form duly filled and signed by the bride and the groom.
  2. Fee of Rs.100/- is to be deposited with cashier of District and the receipt should be attached with the form.
  3. Documentary evidence of date of birth of both parties (Matriculation Certificate/Passport/Birth Certificate).
  4. Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned SHO).
  5. Separate affidavits from bride and groom giving:
    1. Date of birth.
    2. Present marital status: unmarried/widower/ divorcee.
    3. Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
  6. Passport size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.
  7. Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.

Q. What will be the criteria used while deciding my case?

For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the SDM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt.If the SDM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the SDM solemnises the marriage after 30 days of the notice. Both parties alongwith 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses atleast one day in advance.

Q. When will I get a response?

You should be getting a response normally within 60 days.

Section 3 (f):

  1. Sapinda relationship with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
  2. two persons are said to sapindas of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;

Section 3 (g):

degrees of prohibited relationship – two persons are said to be within the degrees of prohibited relationship –

  1. if one is a lineal ascendant of the other; or
  2. if one was the wife or husband of a lineal ascendant or descendant of the other; or
  3. if one was the wife of the brother or the fathers or mothers brother or of the grandfathers or grandmothers brother of the other; or
  4. if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

Explanation – For the purposes of clauses 3(f) and 3(g), relationship includes –

  1. relationship by half or uterine blood as well as by full blood;
  2. illegitimate blood relationship as well as legitimate;
  3. relationship by adoption as well as by blood;

and all terms of relationship in those clauses shall be construed accordingly.


Degrees of Prohibited relationship as per the Special Marriage Act, 1954

Section 2 (b):

Degrees of prohibited relationship – a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.

Explanation (I)Relationship includes:-

  1. relationship by half or uterine blood as well as by full blood;
  2. illegitimate blood relationship as well as legitimate;
  3. relationship by adoption as well as by blood and all terms of relationship in this Act shall be construed accordingly.

Explanation (II) Full blood and half blood :-

two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III)Uterine blood :-

two persons are said to be related to each other by uterine blood when they are descended from a common ancestors but by different husbands.

Explanation (IV)In Explanations II and III, ancestor includes the father and ancestors of the mother

PART – I

Mother.
Fathers widow (step mother).
Mothers mother.
Mothers fathers widow (step grand-mother).
Mothers mothers mother.
Mothers mothers fathers widow (step great grand-mother).
Motherss fathers mother.
Mothers fathers fathers widow (step great grand-mother).
Fathers mother.
Fathers fathers widow (step grand-mother).
Fathers mothers mother.
Fathers mothers fathers widow (step great grand-mother).
Fathers fathers mother.
Fathers fathers fathers widow (step great grand-mother).
Daughter.
Sons widow.
Daughters daughter.
Daughters sons widow.
Sons daughter.
Sons sons widow.
Daughters daughters daughter.
Daughters daughters sons widow.
Daughters sons daughter.
Daughters sons sons widow.
Sons daughters daughter.
Sons daughters sons widow.
Sons sons daughter.
Sons sons sons widow.
Sister.
Sisters daughter.
Brothers daughter.
Mothers sister.
Fathers sister.
Fathers brothers daughter.
Fathers sisters daughter.
Mothers sisters daughter.
Mothers brothers daughter.

Explanation – For the purposes of this Part, the expression widow includes a divorced wife.

PART – II

Father.
Mothers husband (step-father).
Fathers father.
Fathers mothers husband (step grand-father).
Fathers fathers father.
Fathers fathers mothers husband (step great grand-father).
Fathers mothers father.
Fathers mothers mothers husband (step great grand-father).
Mothers father.
Mothers mothers husband (step grand-father).
Mothers fathers father.
Mothers fathers mothers husband (step great grand-father).
Mothers mothers father.
Mothers mothers mothers husband (step great grand-father).
Son.
Daughters husband.
Sons son.
Sons daughters husband.
Daughters son.
Daughters daughters husband.
Sons sons son.
Sons sons daughters husband.
Sons daughters son.
Sons daughters daughters husband.
Daughters sons son.
Daughters sons daughters husband.
Daughters daughters son.
Daughters daughters daughters husband.
Brother.
Brothers son.
Sisters son.
Mothers brother.
Fathers brother.
Fathers brothers son.
Fathers sisters son.
Mothers sisters son.
Mothers brothers son.

Explanation – For the purposes of this Part, the expression husband includes a divorced husband.

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Last Updated : 08 May,2014