I want to register my marriage under the Special Marriage Act in Bareilly, what is the procedure?

Detailed Legal Analysis

To register your marriage under the Special Marriage Act, 1954 in Bareilly, you need to follow a specific procedure as outlined in the Act.

The Special Marriage Act provides a legal framework for the registration of marriages irrespective of the religion of the parties involved. Here are the steps to register your marriage:

• Eligibility:
  • The parties must be of legal age: 21 years for males and 18 years for females as per Section 4 of the Special Marriage Act.
  • Neither party should have a spouse living at the time of marriage, as per Section 11 of the Act.
• Notice of Intended Marriage:
  • Both parties must give a notice of intended marriage to the Marriage Officer in the jurisdiction where at least one of the parties has resided for a minimum of 30 days prior to the notice.
  • This notice can be submitted in person or through an application in writing.
• Waiting Period:
  • There is a waiting period of 30 days from the date of the notice to allow for objections, if any.
  • If no objections are raised, the marriage can proceed to registration.
• Appointment of Marriage Officer:
  • After the waiting period, you can schedule an appointment with the Marriage Officer to register your marriage.
  • The Marriage Officer is usually the Sub-Divisional Magistrate (SDM) or a designated officer in the area.
• Documents Required:
  • Proof of age (birth certificate, school certificate, etc.)
  • Address proof (Aadhaar card, passport, utility bills, etc.)
  • Photographs of both parties (usually passport-sized)
  • Affidavit stating the marital status and free consent of both parties.
  • Identity proof of witnesses (two witnesses are required).
• Registration of Marriage:
  • On the day of the appointment, both parties along with witnesses will need to be present before the Marriage Officer.
  • After verifying the documents and satisfying the legal requirements, the Marriage Officer will register the marriage.
  • The marriage certificate will be issued post-registration.

It is advisable to consult a legal expert or visit the local marriage registration office for any specific queries or additional requirements particular to Bareilly.