SOLEMNIZATION OF SPECIAL MARRIAGESCentral

Section 5 of The Special Marriage Act, 1954

When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

Summary

This section outlines the first step in the formal marriage process, which is the submission of a written notice.
It requires the couple to submit a written notice of their intended marriage in the specific form laid out in the Second Schedule of the Act.
It mandates that the notice must be delivered to the Marriage Officer of the district where at least one of the parties has lived.
It sets a strict residency rule requiring that at least one of the partners must have resided in that district for at least thirty days immediately before giving the notice.

Practical examples

1Rohan lives in Mumbai and Priya lives in Pune. Rohan wants to submit their marriage notice to the Marriage Officer in Pune. For this to be valid under Section 5, Priya must have lived in Pune for at least thirty days immediately before they submit the notice.

2Vikram moves from Delhi to Bangalore for a new job. He wants to submit a marriage notice in Bangalore on his fifth day of living there. Under Section 5, he cannot do this yet because neither he nor his partner has lived in Bangalore for the required thirty days immediately preceding the notice date.

FAQ

1. To which Marriage Officer should the notice of marriage be given under the Special Marriage Act, 1954?

Under Section 5 of the Special Marriage Act, 1954, the written notice must be given to the Marriage Officer of the district in which at least one of the parties to the marriage has lived for a period of not less than thirty days immediately preceding the date on which the notice is given.

2. What is the minimum period of residency required before submitting a marriage notice under the Special Marriage Act, 1954?

According to Section 5 of the Special Marriage Act, 1954, at least one of the parties must have resided in the district for a minimum of thirty days immediately before the notice is submitted to the Marriage Officer.

3. Does the notice of intended marriage under the Special Marriage Act, 1954 have to be in a specific format?

Yes, Section 5 of the Special Marriage Act, 1954 requires that the notice of intended marriage must be in writing and in the specific form detailed in the Second Schedule of the Act.

Test yourself

Q1.Under Section 5 of the Special Marriage Act, 1954, what is the residency requirement for submitting a notice of intended marriage to a Marriage Officer?

Q2.Under Section 5 of the Special Marriage Act, 1954, where can the couple find the official form required for giving their marriage notice?

Q3.Under Section 5 of the Special Marriage Act, 1954, how does the definition of district in Section 2 affect where a couple can submit their marriage notice?

Q4.Under Section 5 of the Special Marriage Act, 1954, what form must the notice of intended marriage take?

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