The process for giving a Notice of Intended Marriage to a Marriage Officer in India is governed by the Special Marriage Act, 1954. This Act provides a legal framework for marriages irrespective of the religion, caste, or community of the parties. Below is a step-by-step guide covering all the necessary details about how to issue this notice.
What is a Notice of Intended Marriage?
The Notice of Intended Marriage is a formal declaration submitted by both parties to the Marriage Officer to signify their intention to marry. The notice is required under Section 5 of the Special Marriage Act, and it initiates the legal procedure for solemnizing the marriage.
Step-by-Step Procedure
1. Eligibility Requirements for the Parties
Before giving the notice, ensure that the parties meet the following eligibility criteria:
- Age Requirement:
- Groom must be 21 years or older.
- Bride must be 18 years or older.
- Mental Capacity:
- Both parties should be of sound mind and capable of giving valid consent.
- No Existing Marriage:
- Neither party should have a spouse living at the time of giving the notice.
- Prohibited Relationships:
- The parties must not be related to each other within the degrees of prohibited relationships as defined by law unless customs governing at least one party allow such a marriage.
2. Residency Requirement
At least one of the parties must have resided in the jurisdiction of the Marriage Officer to whom the notice is being given for a minimum of 30 days immediately preceding the date of the notice.
3. Obtain the Required Form
- The form for the Notice of Intended Marriage is typically referred to as Form 1 under the Special Marriage Act.
- This form can be obtained from the local office of the Marriage Officer or downloaded online (if available on the official website of the local administration).
4. Draft the Notice
The notice must include the following details:
- Full Names of both parties.
- Ages of both parties.
- Occupations of both parties.
- Addresses (both present and permanent addresses).
- A statement affirming that there is no lawful impediment to the proposed marriage.
5. Attach Supporting Documents
Submit the following documents along with the notice:
- Proof of Age: Birth certificate, passport, or school leaving certificate.
- Address Proof: Aadhar card, voter ID, utility bill, or rent agreement.
- Proof of Residency: A statement, affidavit, or evidence showing that at least one party has lived in the jurisdiction for 30 days.
- Photographs: Passport-sized photographs of both parties.
- Marital Status Declaration: An affidavit declaring that neither party has a living spouse.
6. Submission to the Marriage Officer
- Submit the completed Form 1 and supporting documents to the Marriage Officer in the jurisdiction where at least one party resides.
- Both parties must sign the notice in the presence of the Marriage Officer.
7. Publication of Notice
- After submission, the Marriage Officer will enter the notice into the official Marriage Notice Book.
- The notice will be displayed publicly, usually on a designated notice board at the office, to invite objections, if any, for a period of 30 days.
8. Objection Period
- During this 30-day period, anyone may raise an objection to the marriage based on valid legal grounds.
- If objections are received, the Marriage Officer will investigate and decide whether to proceed.
9. Proceed to Marriage
- If no objections are raised within 30 days, the marriage can be solemnized in the presence of the Marriage Officer and three witnesses.
Key Legal Provisions
- Section 5: Provides for the submission of the Notice of Intended Marriage.
- Section 6: Specifies the publication of the notice and the 30-day objection period.
- Section 7: Details the procedure for handling objections, if any.
- Section 8: Stipulates that the marriage may be solemnized after the lapse of 30 days if no objections are received.
FAQs
1. Can the Notice of Intended Marriage be withdrawn?
Yes, the notice can be withdrawn at any time before solemnization by making a request to the Marriage Officer.
2. What happens if an objection is raised?
The Marriage Officer is required to investigate the objection. If it is found to be valid, the marriage cannot proceed. The parties can challenge the decision in court.
3. Is it mandatory for both parties to be physically present while submitting the notice?
Yes, both parties need to be present at the Marriage Officer’s office to submit the notice and sign it.
4. What if the parties reside in different jurisdictions?
The notice can be submitted to the Marriage Officer in the jurisdiction where either of the parties resides.
5. Is parental consent necessary for marriage under the Special Marriage Act?
No, parental consent is not required if both parties are of legal marriageable age.
This comprehensive process ensures compliance with the legal requirements and facilitates a valid marriage under the Special Marriage Act, 1954. Always retain copies of submitted documents for your records and consult a legal expert if you encounter any issues.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304