(Expert) 20 April 2008
For Inter-religion Marriage:--
The inter-religion marriages may be solemnised and governed by The Special Marriage Act, 1954.
Apply before the marriage Magistrate/ Marriage Officer of the district in which atleast one of the parties to the marriage is ordinarily residing.
After applying for the marriage the notice given is then published by affixing it in some conspicuous place in the office of the Marriage Officer, (a verification may also be made by Local Investigation Unit) and before the expiration of thirty days from the date on which the notice was published any person can object to the marriage that it would contravene any of the conditions necessary for the marriage.
After the expiry of thirty days from the date on which the notice was published the marriage may be solemnized.
Before the marriage is solemnized the parties and three witnesses shall sign a declaration in the form and the declaration shall be counter signed by the Marriage Officer.
Conditions relating to solemnization of special marriages:— Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, 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 (ii) has been suffering from mental disorder (iii) has been subject to recurrent attack of insanity or epilepsy
(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; and
(e) where the marriage is solemnized outside the territories to which this Act extends, both parties are citizens of India domiciled in the said territories.