Application format for Registration of Marriage under Special
Marriage Act 1954 for registration of marriage by persons of different
religions.
Format of Application for Registration of marriage under section 4 of
Special Marriage Act 1954 in PDF Format.
As per Section 4 of the Special Marriage Act 1954, marriage can be
solemnized if at the time of the marriage, following conditions are satisfied:
(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 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:
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.
Format for registration of marriage may be different in other states. Please
make necessary modification as per the requirement of your state. Sample
format of Application for Registration of Marriage in Delhi under Special
Marriage Act 194 is given below:
APPLICATION FOR REGISTRATION OF SPECIAL MARRIAGE UNDER
SPECIAL MARRIAGE ACT 1954
Husband Name _________
Father's Name __________
1. Name and Parentage of the Parties
Wife Name _____________
Father's Name __________
Husband _____
2. Age / Date of Birth
Wife _____
Husband_______________
3. Permanent Dwelling Place, if any
Wife __________________
Husband_______________
4. Present Dwelling Place
Wife __________________
5. Relation of the Parties before Marriage __________________
A ceremony of marriage was performed between_____________and Smt ________
(place)___________
We declare that we have been living together as husband and wife ever since the da
declare that Neither of us and more than one spouse living on the and mentioned in
6. Neither of us is an idiot or lunatic. Both of us have completed the age of Twenty One
years of age on the date of this application.
We are not within the degrees of prohibited relationship. Our marriage was celebrate
the Special Marriage Act 1954 (Central Act 43 of 1954) and according to the law cus
governing each of us relationship according to the act for said.
7. Marital Status at the time of Marriage Husband ______________
Wife __________________
Score out whichever is not applicable.
We have been residing within the jurisdiction of the Marriage Officer, Delhi
for a period of not less than thirty days immediately proceeding the date of
this application. We declare that all the particulars are true to the best of
our knowledge and belief.
Signature of Husband & Wife: - Husband __________Wife _________
Place __________ Date __________
Phone No. (H) ________________ (W) _____________
Illustrative list of enclosures required with the application from signed
by husband and wife
(a) Application from duly signed by both husband and wife.
(b) Documentary evidence of date of birth of both the parties (Copy of
Matriculation/Passport/Birth Certificate). Minimum age of both parties is 21
years at the
time of registration under the Special/Hindu Marriage Act.
(c) Ration Card of husband & wife whose area SDM has been approached
for the certificate.
(d) 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).
(e) Affidavit by both the parties stating place and date of marriage, date of
birth, marital status at the time of marriage and nationality.
(f) Two passport size photographs of both the parties and one marriage
photograph.
(g) Marriage invitation card, if available.
(h) If marriage was solemnized in a religious place, a certificate from the
priest is required who solemnized the marriage.
(i) Rs. 100/- in case of Hindu Marriage Act and Rs. 150/- in case of Special
Marriage Act to be deposited with the cashier of District and the receipt
should be attached with the
application form.
(j) 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.
(k) Attested copy of divorce decree/order in case of a divorcee and death
certificate of
spouse in case of widow/widower.
(l) Separate affidavits on Rs. 10/- Non Judicial Stamp paper from both
husband and wife (format of affidavit given hereunder)
(m) In case of parties belonging to other than Hindu, Buddhist, Jain and
Sikh religions,
a conversion certificate from the priest who solemnized the marriage (in
case of Hindu
Marriage Act).
All complete attested (by Gazetted Officer) documents should be submitted
to the Registrar of Marriages on any working day along with original
documents. Both the parties along with witness as Gazetted Officer or PAN
Card holder (Not related to any of applicant) with proof of residence, who
attended the marriage (proof to be enclosed).
Format of Affidavit (attested by Public Notary)
AFFIDAVIT
I ______________________ Son of /daughter of
Shri______________________ resident of ______________________
______________________do hereby solemnly affirm and declare as
under:-
1. That my marriage was solemnized with Shri/ Ms
______________________son of/daughter of ______________________
on ______________________*(date of marriage) at
______________________ (place of marriage).
2. That my date of birth is ______________________ and I am the citizen
of India.
3. That I was unmarried/divorcee/widower/widow at the time of marriage.
4. That I am not related to Shri/Ms ______________________within the
prohibited degree of relationship as per Hindu Marriage Act.
5. That I am Hindu by Birth.
Deponent
VERIFICATION
Verification at Delhi/New Delhi on this______________________ (date)
day of ______________________ (Month)200 that the contents of the
above affidavit are true and correct to he best of my knowledge and belief.
Deponent
Before applying for the Registration of Marriage in Special Marriage
Act, make sure that the applicants fulfil all the given eligibility criteria:
1. Both the intending parties must be a citizen of India.
2. Neither of the parties must be having a living spouse at the time of
marriage. In the case where either or both of the parties were involved in
an earlier marriage, it is essential that the earlier marriage must be legally
dissolved before applying under this Act.
3. Both the parties must be in a capacity to give free and full consent to the
marriage.
4. The intending parties must comply with the age limit given under this Act.
The female should at least be of eighteen years at the time of applying for
marriage and the male must have completed the age of twenty-one.
5. The Act prohibits solemnization of marriage if the intending parties fall
within the degree of prohibited relationships, as per the customs governing
any one of the parties. The degrees of prohibited relationship differs from
custom to custom. The First Schedule of the Act does provide for an
extensive list of relationships that may be considered to be prohibited.
However, the rule is that where a custom governing at least one of the
parties allows marriage as intended, it may be solemnized.
Note:
All Photocopies (Documents)/Xerox Along with Photographs on front
should be Attested by a Gazetted Officer.
Please bring your original documents while submitting the application from
as well as at the time of registration.
