Special Marriage
Jyoti S. Ansari
(Querist) 11 January 2011
This query is : Resolved
I am Hindu Girl and got married to a muslim boy on 18.05.08
This marriage was arranged by my parents. We do have marriage photographs and it was solemnized in a Community Centre in Delhi
I am resident of Delhi since my childhood and my husband belongs to Bihar.
At present we are staying in Kishangarh, Vasant Kunj from past one and a half year.
I would like to know that procedure for getting marriage certificate under special marriage act.
And if someone can help us in this, then please let me know
Thanks
Jyoti Ansari
Amit Minocha
(Expert) 11 January 2011
were you married under the Hindu Laws ?
A V Vishal
(Expert) 11 January 2011
A marriage which has already been solemnized 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.
Which papers/documents/fees, do you need to take with you:
Application form duly filled and signed by the bride and the groom.
Fee of Rs. 50/- is to be deposited with Marriage Clerk at the time of submission of form and Rs. 100/- at the time of solemnization of marriage.
Documentary evidence of date of birth of both parties (Matriculation Certificate/Passport/Birth Certificate).
Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (Ration Card/ Election I Card / Passport).
Separate affidavits from bride and groom giving:
Date of birth.
Present marital status: unmarried/widower/ divorcee.
Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
Passport size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.
Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
All the above documents except affidavit should be attested by Gazetted Officer.
A V Vishal
(Expert) 11 January 2011
Mr Amit
It does not matter whether they were married under hindu rites or muslim rituals since if they undergo marriage according to custom of either the bride or groom or both ultimately they need to register under the Special Marriage Act only.
N.K.Assumi
(Expert) 11 January 2011
I agreed with Vishal for registration under SMA.
Jyoti S. Ansari
(Querist) 11 January 2011
Thank you everyone for your response.
Can anyone please refer some lawyer or advocate who can help me getting this marriage certificate.
Regards
Jyoti
H.M.Patnaik
(Expert) 11 January 2011
You can contact a local advocate specialisd in Civil law for getting your work done.
A V Vishal
(Expert) 11 January 2011
Contact Ms Rakhi Budhiraja who is from Delhi and a member of this site. You can find her contact details on this portal.
