How To Get Married under Kerala Special Marriage Act/Rules ?

WikiCategory: GovernmentHow To Get Married under Kerala Special Marriage Act/Rules ?
admin365 asked 1 year ago

How can i get married under the Kerala Special marriage act ? What are the procedure for marriage in Special marriage act in Kerala ?

1 Answers
Best Answer
admin365 answered 1 year ago

The procedure for getting married under the Special Marriage Act, 1954 is as follows. An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce is called the Special Marriage Act, 1954.
You cant get married under the Special Marriage Act, if, the bride/groom comes under the “Degrees of prohibited relationship”
Explanation for Degrees of prohibited relationship : A man and any of the persons mentioned in SECTION 1 (bottom of the page) of the First Schedule and a woman and any of the persons mentioned in Part 11 of the said Scheduled are within the degrees of prohibited relationship.
Part 1
(a) relationship by half or certain blood as well as by full blood.
(b) illegitimate blood relationship as well as by legitimate,
(c) relationship by adoption as well as by blood, and all terms of relationship in this Act shall be construed accordingly
Part 2
“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
Part 3:
“Uterine blood” two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands
Conditions for Solemnization of Marriage under Special Marriage Act:
Not withstanding anything contained in any other law for the time being in force relating to the solemnization of marriage, 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 1
(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
Notice of intended marriage:-
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:- 
(1) The Marriage Officer shall keep all notice 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 Section5, 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 the Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.
Objection to marriage:-
(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:
(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 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 injuries.-
(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,
(b) compelling the production of documents,
(c) reception of evidence on affidavits, and
(d) 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).
(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 whose jurisdiction to the Marriage Officer has his office
Procedure on receipt of objection by Marriage Officer abroad:-
Where an objection is made under Section 7 to a Marriage Officer 1[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 the marriage, is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sing declaration in the Form specified in the Third Scheduled to this Act, and the declaration shall be countersigned, by the Marriage Officer
Place and form of Solemnization :-
(1) The Marriage may be solemnized at the office of the Marriage Officer or at such other place within a reasonable distance there from 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:

Certificate of Marriage:-
(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:-
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 cause has been transmitted to the central Government under Section 10, within three months from the date of decision of 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 as new notice has been given in the manner laid down in this Act.

SECTION 1 – Degrees of prohibited relationship:
1. Mother
2. Father’s widow(step-mother)
3. Mother’s mother
4. Mother’s father’s widow(Step grand-mother)
5. Mother’s mother’s mother
6. Mother’s mother’s father’s widow (Step-great-grandmother)
7. Mother’s father’s mother
8. Mother’s father’s father’s widow(step-great-grand-mother)
9. Father’s mother
10. Father’s father’s widow (step-grandmother)
11. Father’s mother’s mother
12. Father’s mother’s father’s widow(Step-great-grand-mother)
13. Father’s father’s mother
14. Father’s father’s father’s widow (step great grand-mother)
15. Daughter
16. Son’s widow
17. Daughter’s daughter
18. Daughter’s son’s widow
19. Son’s daughter
20. Son’s son’s widow
21. Daughter’s daughter’s daughter
22. Daughter’s daughter’s son’s widow
23. Daughter’s son’s daughter
24. Daughter’s son’s son’s widow
25. Son’s daughter’s daughter
26. Son’s Daughter’s son’s widow
27. Son’s son’s daughter
28. Son’s son’s son’s widow
29. Sister
30. Sister’s daughter
31. Brother’s daughter
32. Mother’s sister
33. Father’s sister
34. Father’s brother’s daughter
35. Father’s sister’s daughter
36. Mother’s sister’s daughter
37. Mother’s brother’s daughter
SECTION 1 – Degrees of prohibited relationship:
1. Father
2. Mother’s husband (step-father)
3. Father’s father
4. Father’s mother’s husband (step-grand-father)
5. Father’s father’s father
6. Father’s father’s mother’s husband (step great grand-father)
7. Father’s mother’s father
8. Father’s mother’s mother’s husband (step great grand-father)
9. Mother’s father
10. Mother’s mother’s husband (step grand-father)
11. Mother’s father’s father
12. Mother’s father’s mother’s husband (step great grand-father)
13. Mother’s mother’s father
14. Mother’s mother’s mother’s husband (step great grand-father)
15. Son
16. Daughter’s husband
17. Son’s son
18. Son’s daughter’s husband
19. Daughter’s son
20. Daughter’s daughter’s husband
21. Son’s sons’ son
22. Son’s son’s daughter’s husband
23. Son’s daughter’s son
24. Son’s daughter’s daughter’s husband
25. Daughter’s son’s son
26. Daughter’s son’s daughter’s husband
27. Daughter’s daughter’s son
28. Daughter’s daughter’s daughter’s husband
29. Brother
30. Brother’s son
31. Sister’s son
32. Mother’s brother
33. Father’s brother
34. Father’s brother’s son
35. Father’s sister’s son
36. Mother’s sister’s son’
37. Mother’s brother’s son
Download Special Marriage Act Application Form: CLICK HERE

Download Bride/Groom Declaration Form : CLICK HERE