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Special Marriage

December 16, 2023 | by ccm.upbryt.com

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Unlocking the Special Marriage Act: A Legal Odyssey

A Special Marriage, as sanctioned by the Special Marriage Act of 1954, marks a union that traverses boundaries and embraces diversity. This legislative framework was crafted to facilitate the matrimony of divorced partners, individuals of foreign origin, and those from different castes. If your quest involves seeking legal assistance for marriage registration under the Special Marriage Act 1954 in Chandigarh, your search concludes here.

Navigating the Special Marriage Act Procedure: A Documented Journey

Embarking on the Special Marriage Act procedure demands a meticulous compilation of documents, ensuring a legally sound process. The essential documents include:

  1. Proof of Date of Birth: Matriculation/senior secondary certificates or birth certificates serve as the documented proof of the date of birth for both parties.
  2. Passport Size Photographs: A visual testament capturing the essence of the individuals entering into matrimony.
  3. Affidavits for Marital Status: Both partners are required to furnish affidavits affirming their single status.
  4. Divorce Decree (if applicable): In cases of divorce, an affidavit stating the current marital status and the divorce decree must be provided.
  5. Witnesses: A total of three witnesses from both parties are mandated to be present during the marriage registration.
  6. No Objection Warrant (for Foreign Nationals): In instances involving foreign nationals, a no objection warrant signed and verified by their respective embassy is a prerequisite.

Notice and Waiting Period: A Prelude to Matrimony

Before the union is solemnized, parties must serve a 30-day notice period at the registrar office in the district where one or both parties reside. Following this notice period, the marriage can be solemnized directly at the registrar office in the presence of three witnesses.

Binding Effect of Marriage: A Legal Covenant

The Special Marriage Act 1954 articulates a clear demarcation of every detail needed. The marriage registered under this act binds both parties legally, and the ensuing marriage certificate holds documentary evidentiary value. It not only signifies a marital commitment but also bestows inheritance rights upon the parties involved.

Single Status Submission: Navigating Legal Requirements

Certain scenarios necessitate the submission of single status, particularly in the case of foreign nationals having a marriage in India. The concerned foreign national must provide a declaration verified by their embassy stating their single status. In cases of prior marriages, a decree of divorce must also be submitted.

Beyond the Act: The Inclusivity of Special Marriage

The Special Marriage Act extends its embrace to any marriage not explicitly mentioned under its provisions. If a marriage is legal and validated by the Constitution of India, even if not specifically governed by the Special Marriage Act, it can be solemnized under its term.

Marriage Certificate: A Legal Seal

Section 15 of the Special Marriage Act stipulates that the marriage will be registered after fulfilling all prerequisites, and a marriage certificate will be issued in the name of the parties. Opting for a marriage certificate online application streamlines the process, facilitating the acquisition of a marriage certificate in Chandigarh.

Our Legal Prowess: Navigating the Matrimonial Maze

Our team comprises highly skilled law practitioners dedicated to guiding and assisting couples in solemnizing their marriage. Contact our adept civil lawyers to facilitate marriage registration in Chandigarh under the Special Marriage Act, 1954. We commit to making the process hassle-free and time-efficient, ensuring a seamless legal journey for you.

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