Author Archives: admin

Inter-Caste / Inter-Religion Marriage Under Special Marriage Act

Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.

In case a marriage between an Indian and a foreign national is to take place in India, generally it’s required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

The following documents are required for both the partners:–

  • A valid Passport
  • Original Birth Certificate showing parents’ names
  • If the person concerned is widowed, the original death certificate of the deceased spouse
  • If divorced, copy of the final decree

Documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)
The American citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate, as well as proof of termination of any previous marriages. Similarly, a citizen of another foreign country may be required to present to the marriage officer a “no objection letter” from the Embassy or Consulate of his country, as well as proof of termination of any previous marriages.

In a nutshell, under the Special Marriage Act, the parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced.

Foreigner Marriage

An Act to make provision relating to marriages of citizens of India outside India. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows

PRELIMINARY

1. Short title:
This Act may be called the Foreign Marriage Act, 1969.

2. Definitions:
In this Act, unless the context otherwise requires;
(a) “degrees of prohibited relationship” shall have the same meanings as in the Special Marriage Act, 1954 (43 of 1954);
(b) “district “, in relation to a Marriage Officer, means the area within which the duties of his office are to be discharged;
(c) “foreign country ” means a country or place outside India, and includes a ship which is for the time being in the territorial waters of such a country or place;
(d) “Marriage Officer” means a person appointed under Section 3 to be a Marriage Officer;
(e) “official house”, in relation to a Marriage Officer, means –
(i) the official house or residence of the officer
(ii) the office in which the business of the officer is transacted;
(iii) a prescribed place; and
(f) “prescribed” means prescribed by rules made under this Act.

3. Marriage Officers:
For the purposes of this Act, the Central Government may, by Notification in the Official Gazette, appoint such of its diplomatic or Consular Officers as it may think fit to be Marriage Officer for any foreign country.
Explanation.- In this Section, `diplomatic officer’ means an ambassador, envoy, minister, high commissioner, commissioner, charge d’ affairs or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission .

4. Conditions relating to solemnization of foreign marriages:
A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:-
(a) neither party has a spouse living,
(b) neither party is an idiot or a lunatic,
(c) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage, and
(d) the parties are not within the degrees of prohibited relationship :
Provided that where the personal law or a custom governing at least one of the parties of a marriage between them, such marriage may be solemnized, notwithstanding that they are degrees of prohibited relationship.

5. Notice of intended marriage:
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 First 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, and the notice shall state that the party has so resided.

6. Marriage Notice Book:
The Marriage Officer shall keep all notices given under Section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the “Marriage Notice Book”, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

7. Publication of notice:
Where a notice under Section 5 is given to the Marriage Officer, he shall cause it to be published;
(a) in his own office, by affixing a copy thereof to a conspicuous place, and
(b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.

8. Objection to marriage:
(1) Any person may, before the expiration of thirty days from the date of publication of the notice under Section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in Section 4.
Explanation – Where the publication of the notice by affixation under clause (a) of Section 7 and in the prescribed manner under clause (b) of that section is on different dates, the period of thirty days shall, for the purposes of this sub-section, be computed from the later date.
(2) Every such objection shall be in writing signed by the person making it or by any person duly authorised to sign on his behalf, and shall state the ground of objections; and the Marriage Officer shall record the nature of the objection in his Marriage Notice Book.

9. Solemnization of marriage where no objection made:
If an objection is made within the period specified in Section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.

10. Procedure on receipt of objection:
(1) If an objection is made under Section 8 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection in such manner as he thinks fit and is satisfied that it ought not to prevent the solemnization of the marriage if the objection is withdrawn by the person making it.
(2) Where a Marriage Officer after making any such inquiry entertains a doubt in respect of any objection, he shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government; and the Central Government, after making such further inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer, who shall act in conformity with the decision of the Central Government.

11. Marriage not to be in contravention of local laws:
(1) The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act if the intended marriage is prohibited by any law in force in the foreign country where it is to be solemnized.
(2) The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act on the ground that in his opinion, the solemnization of the marriage would be inconsistent with international law or the comity of nations.
(3) Where a Marriage Officer refuses to solemnize a marriage under this section, any party to the intended marriage may appeal to the Central Government in the prescribed manner within a period of thirty days from the date of such refusal; and the Marriage officer shall act in conformity with the decision of the Central Government on such appeal.

12. Declaration by parties and witnesses:
Before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Second Schedule, and the declaration shall be countersigned by the marriage Officer.

13. Place and form on solemnization:
(1) A marriage by or before a Marriage Officer under this act shall be solemnized at the official house of the marriage Officer with open doors between the prescribed hours in the presence of at least three witnesses.
(2) The marriage may be solemnized in any form which the parties may choose to adopt:
Provided that it shall not be complete and binding on the parties unless each party declares to other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties, -“I, (A) take (B), to be my lawful wife (or husband)”:

Provided further that where the declaration referred to in the preceding proviso is made in any language which is not understood by the Marriage Officer or by any of the witnesses, either of the parties shall interpret or cause to be interpreted the declaration in a language which the Marriage Officer, or, as the case may be, such witness understands.

14. Certificate of marriage:
(1) Whenever a marriage is solemnized under this Act, the Marriage Officer shall enter a certificate thereof in the form specified in the Third Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book, and such certificate shall be signed by the parties to the marriage and the three witnesses.
(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized, and that all formalities respecting the residence of the party concerned previous to the marriage and the signatures of witnesses have been complied with.

15. Validity of foreign marriages in India:
Subject to the other Provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law.

16. New notice when marriage not solemnized within six month is:
Whenever a marriage is not solemnized within six months from the date on which notice thereof has been given to the Marriage Office as required under Section 5 or where the record of a case has been transmitted to the Central Government under Section 10, or where an appeal has been referred to the Central Government under Section 11, within three months from the date of decision of the Central Government in such case or appeal, as the case may be, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until new notice has been given in the manner laid down in this Act.

17. Registration of foreign marriages:
(1) Where –
(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parties of whom one at least was a citizen of India; and
(b) a party to the marriage informs the Marriage Officer in writing that he or she desires the marriage to be registered under this Section, the Marriage Officer may, upon payment of the prescribed fee, register the marriage.
(2) No marriage shall be registered under this Section unless at the time of registration it satisfies the conditions mentioned in Section 4.
(3) The Marriage Officer may, for reasons to be recorded in writing, refuse to register a marriage under this Section on the ground that in his opinion the marriage is inconsistent with international law or the comity of nations.

18. Matrimonial reliefs to be under Special Marriage Act, 1954:
(1) Subject to the other provisions contained in this Section, the provisions of Chapters IV, V, VI, and VII of the Special Marriage Act, 1954 (43 of 1954), shall apply in relation to marriages solemnized under this Act and to any other marriage solemnized in a foreign country between parties of whom one at least is a citizen of India as they apply in relation to marriage solemnized under that Act.
Explanation – In its application to the marriages referred to in this subsection, Section 24 of the Special Marriage Act, 1954 (43 of 1954), shall be subject to the following modifications, namely:-
(i) the reference in sub-section (1) thereof to clauses (a), (b), (c) and (d) of Section 4 of that Act shall be construed as a reference to clauses (a), (b), (c) and (d) respectively of Section 4 of this Act, and
(ii) nothing contained in Section 24 aforesaid shall apply to any marriage –
(a) which is not solemnized under this Act; or
(b) which is deemed to be solemnized under this Act by reason of the provisions
contained in Section 17:
Provided that the registration of any such marriage as is referred to in sub-clause (b) may be declared to be of no effect if the registration was in contravention of sub-section (2) of Section 17.
(2) Every petition for relief under Chapter V or Chapter VI of the Special Marriage Act, 1954 (43 of 1954), as made applicable to the marriages referred to in sub-section (1), shall be presented to the district court within the local limits of whose ordinary civil jurisdiction –
(a) the respondent is residing at the time of the presentation of the petition; or
(b) the husband and wife last resided together; or
(c) the petitioner is residing at the time of the presentation of the petition, provided that the respondent is at that time residing outside India.
Explanation – In this Section, “district court” has the same meaning as in the Special Marriage Act, 1954 (43 of 1954).
(3) Nothing contained in this Section shall authorise any court –
(a) to make any decree of dissolution of marriage,
except where –
(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or
(ii) the petitioner, being the wife, was domiciled in India immediately before the marriage and has been residing in India for a period of not less than three years immediately preceding the presentation of the petition;
(b) to make any decree annulling a voidable marriage,
except where –
(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or
(ii) the marriage was solemnized under this Act and the petitioner being the wife, has been ordinarily resident in India for a period of three years immediately preceding the presentation of the petition;
(c) to make any decree of nullity of marriage in respect of a void marriage, except where —
(i) either of the parties to the marriage is domiciled in India at the time of the presentation of the petition, or
(ii) the marriage was solemnized under this Act and the petitioner is residing in India at the time of the presentation of the petition.
(d) to grant any other relief under Chapter V or
Chapter VI of the Special Marriage Act, 1954 (43 of 1954) except where the petitioner is residing in India at the time of the presentation of the petition.
(4) Nothing contained in sub-section (1) shall authorise any court to grant any relief under this Act in relation to any marriage in a foreign country not solemnized under it, if the grant of relief in respect of such marriage [whether on any of the grounds specified in the Special Marriage Act, 1954 (43 of 1954) or otherwise is provided for under any other law for the time being in force.

19. Punishment for bigamy:
(1) Any person whose marriage is solemnized or deemed to have been solemnized under this Act and who, during the subsistence of his marriage, contracts any other marriage in India shall be subject to the penalties provided in Section 494 and Section 495 of the Indian Penal Code, 1860 (45 of 1860), and the marriage so contracted shall be avoid.
(2) The provisions of sub-section (1) apply also to any such offence committed by any citizen of India without and beyond India.

20. Punishment for contravention of certain other conditions for marriage:
Any citizen of India who procures a marriage of himself or herself be solemnized under this Act in contravention of the condition specified in clause (c) or clause (d) of Section 4 shall be punishable —
(a) in the case of a contravention of the condition specified in clause (c) of Section 4, with simple imprisonment which may extend to fifteen days or with fine which may extend to one thousand rupees, or with both; and
(b) in the case of a contravention of the condition specified in clause (d) of Section 4, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

21. Punishment for false declaration:
If any citizen of India for the purpose of procuring a marriage, intentionally —
(a) where a declaration is required by this Act, makes a false declaration; or
(b) where a notice or certificate is required by this Act, signs a false notice or certificate;
he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.

22. Punishment for wrongful action of Marriage Officer:
Any Marriage Officer who knowingly and willfully solemnizes a marriage under this Act in contravention of any of the provisions of this Act shall be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

23. Recognition of marriages solemnized under law of other countries:
If the Central Government is satisfied that the law in force in any foreign country for the solemnization of marriages contains provisions similar to those contained in this Act, it may, by notification in the Official Gazette, declare that marriages solemnized under the law in force in such foreign country shall be recognized by courts in India as valid.

24. Certification of documents of marriages solemnized in accordance with local law in a foreign country:
(1) Where —
(a) a marriage is solemnized in any foreign country specified in this behalf by the Central Government, by notification in the Official Gazette, in accordance with the law of that country between parties of whom one at least is a citizen of India; and
(b) A party to the marriage who is such citizen produces to a Marriage Officer register in the country in which the marriage was solemnized —
(i) a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be a true copy of that entry; and
(ii) if the copy of that entry is not in the English language, a translation into the prescribed language of that copy; and
(c) the Marriage Officer is satisfied that the copy of the entry in the marriage register is a true copy and that the translation, if any, is a true translation;
the Marriage Officer, upon the payment of the prescribed fee, shall certify upon the copy that he is satisfied that the copy is a true copy of the entry in the marriage register and upon the translation that he is satisfied that the translation is a true translation of the copy and shall issue the copy and the translation to the said party.
(2) A document relating to a marriage in a foreign country issued under sub-section (1) shall be admitted in evidence in any proceedings as if it were a certificate duly issued by the appropriate authority of that country.

25. Certificate copy of entries to be evidence:
Every certified copy purporting to be signed by the Marriage Officer of an entry of a marriage in the Marriage Certificate Book shall be received in evidence without production or proof of the original.

26. Correction of errors:
(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons, married, or, in case of their death or absence, in the presence of two other witnesses, correct the error by entry in the margin without any alteration of the original entry and add thereto the date of such correction.
(2) Every correction made under this Section shall be attested by the witnesses in whose presence it was made.

27. Act not to affect validity of marriages outside it:
Nothing in this Act shall in any way affect the validity of a marriage solemnized in a foreign country otherwise than under this Act.

28. Power to make rules:
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the duties and powers of Marriage Officers and their districts;
(b) the manner in which a Marriage Officer may hold any inquiry under this Act;
(c) the manner in which notices of marriage shall be published;
(d) the places in which and the hours between which marriages under this Act may be solemnized;
(e) the form and the manner in which any books required by or under this Act to be kept shall be maintained;
(f) the form and manner in which certificates of marriages may be entered under sub- section (5) of Section 17;
(g) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer under this Act;
(h) the authorities to which, the form in which and the intervals within which copies of entries in the Marriage Certificate Book shall be sent, and, when corrections are made in the Marriage Certificate Book, the manner in which certificates of such corrections shall be sent to the authorities;
(i) the inspection of any book required to be kept under this Act and the furnishing of certified copies of entries therein;
(j) the manner in which and the condition subject to which any marriage may be recognised Section 23;
(k) any other matter which may be, or requires to be, prescribed.
(3) Every rule made under this Section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session, immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

29. Amendment of Act 43 of 1954:
In the Special Marriage Act, 1954,–
(a) in Section 1, in sub-section (2), for the words “outside the said territories”, the words “in the State of Jammu and Kashmir” shall be substituted;
(b) in Section 2, clauses (a) and (c) shall be omitted;
(c) in Section 3, for sub-section (2), the following sub-section shall be substituted, namely;
‘(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir, the Central Government may, by notification in the Official Gazette, specify such officers of the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof.”;
(d) in Section 4, for clause (e), the following clause shall be substituted, namely :-
‘(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.”
(e) in Section 10, for the words “outside the territories to which this Act extends in respect of an intended marriage outside and said territories”, the words “In the State of Jammu and Kashmir in respect of an intended marriage in the State” shall be substituted;
(f) in Section 50, in sub-section (1), the words “diplomatic and consular officers and other” shall be omitted.

30. Repeal:
The Indian Foreign Marriage Act, 1903 (14 of 1903), is hereby repealed.

Court Marriage India

Court Marriage in India has a common procedure, which has to be followed by every couple. If a marriage is not registered with any court registrar then the marriage will not be consider valid during legal procedures such as, applying for a joint home loan, Visa. You could also be fined for not registering your marriage. It is a rule that all the marriages have to be registered whether you are having a wedding ceremony or not.

Planning for a court marriage ?

Planning for a court marriage ?

A marriage certificate is an important proof, in case there are some problems between you and your spouse in the future and a legal action needs to be taken.

Advantages of Marriage Certificate:-

  • Certificate of Marriage is a document, which provides valuable evidence of marriage
  • Certificate of Marriage is a document providing social security, self-confidence particularly among married Women.
  • Certificate of Marriage is useful in getting the visa for the wife/husband.
  • It will be helpful in claiming the Bank deposits or Life Insurance benefits when the policy holder or the Insurer dies without a nomination or otherwise.

Documents required for the Performance & Registration of court Marriage…

  • Passport Size Photographs – four each of Marrying Persons.
  • Residential Proof (Voter Card / Passport / Ration Card / Driving License / Bank Passbook / Lease Deed / Rent Deed) of Marrying Persons.
  • Date of Birth Proof (Municipal Corporation Certificate, X th or XII th Examination Certificate, Passport, PAN Card) of Marrying Persons.
  • If any party is divorcee Certified copy of Decree of Divorce granted by the Court.
  • If any party is widow / widower Death Certificate of the dead spouse.
  • If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address – Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.
  • Two Witnesses (Both should be major)

Hindu Marriage India

Planning for a Hindu Marriage ?

Planning for a Hindu Marriage ?

Hindu Marriage Act of 1955 is applicable to Hindus, Jains, Sikhs and Buddhists. A religious marriage which has already been solemnized can be registered under the Hindu Marriage Act, 1955. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. The Hindu Marriage Act provides for the conditions of a marriage where under the bridegroom should be the age of 21 years and bride of 18 years; they both should not be within the degree of prohibited relationship.

The documents required for registering a marriage under the Hindu Marriage Act are as follows:

  • Application form duly signed by both husband and wife
  • Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act
  • Ration card of husband or wife whose area SDM has been approached for the certificate Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality
  • Two passport size photographs of both the parties and one marriage photograph Marriage invitation card, if available
  • If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage
  • 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 Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower
  • In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage
  • All documents excluding receipt should be attested by a Gazetted Offic

Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, along with a Gazetted Officer who attended their marriage, need to be present before the SDM. The marriage certificate under the Hindu Marriage Act is issued on the same day or within a few days.

Special Marriage Act, 1954

The Special Marriage Act, 1954, aims to provide for a special form of marriage, its registration and for divorce. A marriage between any two persons belonging to any religion or creed may be solemnised under this Act if at the time of the marriage the male has completed 21 years and the female 18 and provided the parties are not within the degrees of prohibited relationship.

Special Marriage Act, 1954

Special Marriage Act, 1954

One would imagine that the Special Marriage Act, being a secular Act, would have played a key role in liberating individuals from the traditional coercive requirements of marriage. Sadly, many of its provisions are inconsistent with its objectives. Despite knowing about the practical problems its working has exposed, Parliament has not shown any seriousness in addressing them through appropriate amendments.

Section 5 of the Special Marriage Act is the first hurdle to cross. It deals with the notice of intended marriage between two parties and requires that at least one of them must have resided in the district for a period of not less than 30 days immediately preceding the date on which such notice is given to the Marriage Officer of the district.

Section 6 requires the Marriage Officer to make copies of all notices open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same, and to publish every notice by affixing a copy at some conspicuous place in his office. If either of the parties to an intended marriage is not a permanent resident in the district in which the notice has been given, then the Marriage Officer of that district has to send the notice to the Marriage Officer of the district in which the parties may have permanent residence, and that officer, in turn, has to publicise it.

These provisions are open invitations to those who object to the marriage to harass the couple to be married and even force them to retract from their intended marriage. The beneficiaries of the Special Marriage Act have demanded that the provisions of a month’s gap be annulled, but their plea has not been heard so far.

On the contrary, some enthusiastic marriage officers have sent notices to the permanent addresses of the parties and sought verification of addresses through the Station House Officer who has jurisdiction although the same is not required under the Act. In 2009, the Delhi High Court, in Pranav Kumar Mishra vs Government of NCT of Delhi, held these practices to be in breach of the parties’ right to privacy.

Justice S. Ravindra Bhat observed in this case: “The Special Marriage Act was enacted to enable a special form of marriage for any Indian national professing different faiths or desiring a civil form of marriage. The unwarranted disclosure of matrimonial plans by two adults entitled to solemnise it may, in certain situations, jeopardise the marriage itself. In certain instances it may even endanger the life or limb of one or the other party due to parental interference. In such circumstances, if such a procedure is being adopted by the authorities, it is completely whimsical and without authority of law.”

Although Justice Ravindra Bhat made these observations in the context of the authorities sending notices to the residential addresses of the couple to be married, they are relevant to understand the mischief potential of the other provisions of the Act.

Section 7 enables any person, before the expiry of 30 days from the date on which such a notice has been published, to object to the marriage on the grounds that it will contravene one or more of the conditions specified in Section 4 (described below).

Section 8 requires the Marriage Officer to inquire into the objection and satisfy himself that it does not prevent the solemnisation of the marriage. If the objection is upheld within 30 days, either party to the intended marriage can appeal to the district court, whose decision shall be final.

The conditions specified in Section 4 are reasonable: that neither party has a spouse living; that neither is incapable of giving a valid consent to marriage in consequence of unsoundness of mind; that they have fulfilled the minimum age requirements for marriage; and that they are not within the degrees of prohibited relationship. Yet, the fact that similar conditions are not applicable to marriages held outside the purview of the Act makes one wonder whether they are just.

Section 19 is punitive in character. It says that the marriage solemnised under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion shall be deemed to effect his severance from such family.

The need for such a provision is inexplicable, especially when such severance could result in the deprivation of inheritance and other rights of the couple choosing to marry under this Act.

What are the documents they needs to sermonize the marriage process?

Documents required to sermonize the marriage..

  • Affidavit : (Affidavit must be attested by Magistrate/S.D.M. or Notary Public with  Register Entry No.)
  • Age Proof: (Voter I. card, Driving Licence, Matriculation Certificate,) one of these.
  • Residence Proof:  (Voter I. card, Driving Licence, Matriculation Certificate, Passport) (one of these).
  • Photograph: (7-7 Passport size photo ) Boys & Girl both.
  • Divorced: If any party is divorcee – Certified copy of Decree of Divorce granted by the Court.
  • Death Certificate: If any party is widow / widower – Death Certificate of the dead spouse.
  • Other Country: No Impediment Certificate / NOC from concerned Embassy and Valid VISA. Required for Only Other Country Marriage
  • Things : Mangalshutra, 2-Jaimala, 2kg Sweets
  • Witness : Two Witness With Voter I. card, Driving Licence,  Passport,2 Passport size photo (one of these)

For your any query you can contact us or

Just Call Us Right Now…

Pt. CP Shastri
+91-
9460480103

How long will the entire procedure of Marriage Registration take?

Due to a 30 day average gap between submission and registration, I think it will take at least 40 days after submission.After that at the date is given by Arya Samaj Mandir for your marriage.On that day it will takes maximum 1½ Hrs to perform the wedding. I had an experience while I am witness over there. It will take maximum to maximum one hour.

For your any query you can contact us or

Just Call Us Right Now…

Pt. Surya Prakash Shastri
+91-9413564469
+91-
9460480103

What Is The Exact Procedure For Arya Samaj Wedding?

Arya Samaj Marriage is applicable amongst all religion. A Hindu marriage can be solemnized between two Hindus (often when they are of different religion or nations) (Muslim or Christian) can convert their own religion into Hinduism and become Hindus in the Arya Samaj Mandir with their own free will and consent.The minimum age for getting married is 21yrs for the groom and 18yrs for the bride.

Arya Samaj Marriages solemnize  in just one hour, only you need to take all the documents or things required at time. Fire and the other elements are the only witnesses to the ceremony. The wedding is conducted according to Arya Marriage rituals.

Marriage procedure is very simple and sweet but you must have to fill all the formalities as well as book the mandir in advance.You have to register in that office, and submit along with other necessary requisites of the office.After the successful registration or submission they will give a date for your marriage in prior .Go to the mandir at desired date,there must be some in charge of all these things.

After solemnization of marriage they will give you a marriage certificate which makes you legal husband and wife.

Documents required for the Solemnization of Marriage in Arya Samaj Mandir :-

Affidavit: (Affidavit must be attested by Magistrate/S.D.M. or Notary Public with Register Entry No.)

Age Proof: (Voter I.card, Driving Licence, Matriculation Certificate,) one of these.

Residence Proof: (Voter I.card, Driving Licence, Matriculation Certificate, Passport) (one of these).

Photograph: (7-7 Passport size photo ) Boys & Girl both.

Witness: Two Witness With Voter I.card, Driving Licence, Passport,2 Passport size photo (one of these)

Divorced: If any party is divorcee – Certified copy of Decree of Divorce granted by the Court.

Death Certificate: If any party is widow / widower – Death Certificate of the dead spouse.

Other Country: No Impediment Certificate / NOC from concerned Embassy and Valid VISA. Required for Only Other Country Marriage

Things: Mangalshutra, 2-Jaimala, 2kg Sweets

We Provide all type of arya samaj marriages in Amritsar, Abohar, Barnala, Bathinda, Batala, Chandigarh, Malerkotla, Ludhiana, Jalandhar, Firozpur, Patiala, Hoshiarpur, Muktasar, Pathankot, Moga, Kapurthala, Firozpur and all cities in Punjab. Anyone who is solemnly combined with anyone and wants to marry her/his. You can call us anytime we will arrange it soon.

We wish you all the best for your happy married life.

Godh Bharai – Indian Baby Shower

Godh bharai is a baby shower celebrated during pregnancy to welcome the unborn baby to the family and bless the mother-to-be with abundant joys of motherhood. In Hindi, godh bharai literally means to ‘fill the lap’ with abundance. In Bengal it is known as shaad, in Kerala, seemandham and in Tamil Nadu it is called valakappu.

Godh Bharai - Indian Baby Shower Arya Samaj Mandir

Godh Bharai – Indian Baby Shower in Arya Samaj Mandir

Thereafter, she is asked to sit on a chair with the sari’s ‘palla’ in her godh (lap). The mother, sister and sisters-in-law of the groom dress up the girl, with jewelry, bangles, cosmetics, etc. Then, along with all the other female members of the family, they apply tikka on her forehead and place gifts in the godh (lap) of the would-be-bride, on top of her palla. While giving gifts, they bless her, asking God to bless the couple with a long and happy married life. After receiving the gifts, the girl touches the feet of all the elder females. They also feed her sweets.

Godh Bharai ceremony is held in India, in the seventh month of pregnancy of an expectant female. This ceremony takes place at the matrimonial home of the woman. Just like the previous ceremony, this one is also held only the female family members of the would-be-father and the would-be-mother. The expectant woman is dressed just like a bride, complete with the jewelry, make up and everything. Thereafter, she is asked to sit on a chair/sofa and place her ‘palla’ in her godh (lap).

Now, starts the Godh Bharai ceremony. All the women attending the ceremony place a gift they have, for the would-be-mother or her baby, in her godh and then apply a tika on her forehead. After that, they feed her sweets & khichri, of rice, moong daal and til, cooked in desi ghee. The mother of the woman also gives her daughter, gifts for her husband as well as in-laws. Then, they whisper something auspicious in her ear – usually their blessings. She thanks all the elder woman by touching their feet. Last but not the least; they celebrate the impending arrival of the child by singing and dancing.

Vastu and Griha Pravesh Pooja

Griha Pravesh is also called Vastu. The complete ritual takes six to seven hours. Early in the morning, Vastu pooja for Vastu devata is performed outside the house before the actual entry into the house.

During Vastu puja, a kumbh (copper pot, as in the Bhoomi puja) is consecrated through worship out side the house. The Vastu pooja is undertaken to expiate the sins that could have been committed by the owners of the house during construction.

After completing the Vastu and Kumbh pooja, the copper pot is taken inside the house by the husband and wife to a place where havan and various poojas take place. In the ritual inside the house different poojas like, pooja of sun, pooja of lamp, Ganpathi pooja, Pooja of the Kul devta, pooja of four directions, showering (abhishek) of the couple with water, Lakshmi pooja and Homa are all done.

This pooja is concluded by distributing peanuts, dry fruits and pede- a kind of sweet made of milk, as prasad. Finally the guests are fed. On the eve of the graha pravesh, vastubali is performed inside the house.

This is a pooja performed by a priest who is not a member of the family. It consists of Ganapathi pooja, Punyaha and Vastubali homa. These are done to appease the gods and propitiate them.

Every Pooja begins with invoking Lord Ganesha and then the specialized moola mantra japam and other rituals help the Vedic Bramhin assigned the task to achieve your hearts desire through your sankalpam (your wish is conveyed at the fire ritual ceremony).

Purity of panchang (almanac) and auspicioustime (muhurat) must be considered during the griha pravesh.

Three types of griha pravesh have been mentioned in our ancient scriptures:

Apoorva: First entry to newly constructed house on a newly selected land is called apoorva (new) griha pravesh.

Sapoorva: Entry into an already existing house after travelling abroad or migration elsewhere is called sapoorva griha pravesh.

Dwandwah: Entry into a house to after reconstruction or renovation subsequent to damage due to fire, flood or earthquake, is termed as dwandwah (old) griha pravesh.

For apoorva griha pravesh, the exact auspicious time need to be adhered to. For sapoorva griha pravesh or dwandwah griha pravesh, the purity of the panchang should be given due consideration.