REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMSCentral

Section 16 of The Special Marriage Act, 1954

Procedure for registration.

Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

Summary

The Marriage Officer must give public notice of an application for marriage registration to let local people know about it.
People have a thirty day window to submit objections against the registration after the public notice is given.
The Marriage Officer must hear and consider any objection received within those thirty days.
If all conditions are met, the officer enters a marriage certificate in the Marriage Certificate Book using the form in the Fifth Schedule.
The marriage certificate must be signed by both partners and three witnesses.

Practical examples

1Vikram and Priya were married in a traditional temple ceremony last year. They apply to register their marriage under this law. The Marriage Officer puts up a public notice on the office board. They wait for thirty days, during which no one objects, and then sign the marriage certificate along with three friends as witnesses.

2Amit and Sneha submit an application to register their marriage. Sneha's uncle files a written objection within fifteen days, claiming they are within prohibited relationship degrees. The Marriage Officer holds a hearing to listen to the uncle's objection before making a decision on whether to register the marriage.

FAQ

1. What is the process for registering an existing marriage under Section 16 of the Special Marriage Act, 1954?

Under Section 16 of the Special Marriage Act, 1954, both partners must sign and submit an application. The Marriage Officer then issues a public notice and waits thirty days for objections. If there are no valid objections and all conditions are met, the officer records the marriage in the Marriage Certificate Book, which is then signed by the couple and three witnesses.

2. How much time is given for objections under Section 16 of the Special Marriage Act, 1954?

Under Section 16 of the Special Marriage Act, 1954, a period of thirty days is allowed for any person to file objections after the public notice of the registration application has been given.

3. Who must sign the marriage certificate under Section 16 of the Special Marriage Act, 1954?

Under Section 16 of the Special Marriage Act, 1954, the marriage certificate entered in the book must be signed by both parties to the marriage and by three witnesses.

Test yourself

1.Under Section 16 of the Special Marriage Act, 1954, how long must the Marriage Officer wait for objections after giving public notice?

2.Under Section 16 of the Special Marriage Act, 1954, which Schedule specifies the form for the certificate of a marriage celebrated in other forms?

3.Under Section 16 of the Special Marriage Act, 1954, how many witnesses must sign the marriage certificate along with the parties?

4.Under Section 16 of the Special Marriage Act, 1954, what is the prerequisite for the Marriage Officer to enter the certificate in the Marriage Certificate Book?

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