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Registration of Marriages which have already been solemnised.
Q1. What is the procedure for Solemnization of marriage / Registration of
marriage?
i. Procedure for Registration under HMA.
ii. Procedure for Registration under SMA.
iii. Procedure for Solemnization of marriage under SMA.
Q. Where do I have to go and during which hours?
To the office of Additional Divisional Magistrate in whose jurisdiction any of
the husband or wife resides, during 9.30 a.m. to 1.00 p.m. on any working day.
The office is located in the DC office complex on main Mehrauli Badarpur Road
and near Anupam Appt. for assistance of public, reception counter is manned
during the official hours for proper guidance. Necessary forms can also be
obtained from Reception Counter or can be downloaded from this site.
Q. Which papers/documents/fees, do I have to take with me?
1. Hindu /Special marriage Application form duly signed by both husband and
wife. 2. Hindhu/Special marriage 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. 3.Residential proof of husband and wife . 4.In case of Special
Marriage Act, documentary evidence regarding stay in Delhi of the parties for
more than 30 days (ration card or report from the concerned SHO). 5. Hindu
marriage Affidavit by both the parties stating place and date of marriage, date
of birth, marital status at the time of marriage and nationality. 6.Two Hindu/Special
marriage passport size photographs of both the parties and one marriage
photograph. 7.Marriage invitation Hindu marriage card, if available. 8. Hindu
marriage If marriage was solemnized in a religious place, a certificate from the
priest is required who solemnized the marriage. 9.Rs. 10/- in case of Hindu
Marriage Act and Rs.15/- in case of Special Marriage Act to be deposited with
the cashier of District and the receipt should be attached with the application
form. 10.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. For details of such relationships Click here.
11.Attested copy of divorce decree/order in case of a divorcee and death
certificate of spouse in case of widow/widower. 12.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 (in case of Hindu
Marriage Act). 13. In case one of the parties is a foreign national, no
objection certificate/marital Status certificate from the concerned embassy.
All documents excluding receipt should be attested by a Gazetted Officer.
Q. What will be the criteria used while deciding my case?
A) Hindu Marriage Act
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, alongwith a Gazetted Officer who attended their marriage,
need to be present before the ADM. The Certificate is issued on the same day
B) Special Marriage Act
Both parties are required to be present after submission of documents for
issuance of public notice inviting objections. One copy of notice is pasted on
the notice board of the office and copy of the notice is sent by registered post
to marriage officer of the area where either of the parties having present/permanent
address. Registration is done 30 days after the date of notice after deciding
any objection that may have been received during that period by the ADM. Both
parties along with three witnesses are required to be present on the date of
registration/Solemnization. For filing objection, register is available with the
Dealing Assistant in the office of ADM(S).
Q. Are the advocates required for registration/ Solemenization.
Both the registration under HMA & SMA and solemnization of marriage under SMA
is a very simple procedure and does not required any LEGAL HELP / ASSISTANCE. It
is advised that parties should present their case directly.
Q. What are the relevant Forms?
One copy of notice is pasted on the notice board of the office and copy of the
notice is sent by registered post to marriage officer of the area where either
of the parties having present/permanent address.
Q. When will I get a response?
In case of Hindu Marriage Act, at the time of filing duly completed application
form, a due date vide acknowledgement of receipt of application form is given .
On that date necessary formalities can be completed. In case of registration /
solemnization of marriage under Special Marriage Act, notice of 30 days after
appearance of both the parties the marriage officer is mandatory. Once the
application along with the prescribed document is presented, the date for
appearance before the marriage officer is given vide acknowledgement
Solemnization of Marriage under Special Marriage Act
Special Marriage Act, 1954 provides for solemnization of marriages in accordance
with the provisions of the Act. SDMs/ADMs/Deputy Commissioners have been
authorized as Marriage Officers for this purpose.
Q. What will be the criteria used while deciding my case?
For solemnization of marriage, presence of both parties is required after
submission of documents of issuance of notice of intended marriage. A copy of
the notice is pasted on the office notice board by the ADM. Any person may
within 30 days of issue of notice , file objection to the intended marriages. In
such a case, the SDM shall not solemnize the marriage until he has decided the
objection, within 30 days of its receipt. If the ADM refuses to solemnize the
marriage, any of the parties may file an appeal within 30 days to the District
Court. In case no objection is received, the ADM solemnizes the marriage after
30 days of the notice. Both parties along with 3 witnesses are required to be
present on the date of solemnization of marriage. It is advisable to submit
names of witnesses at least one day in advance.
Degree of Prohibited relationship as per the Hindu Marriage Act, 1955
Section 3 (f):
i. "Sapinda relationship" with reference to any person extends as far as the
third generation (inclusive) in the line of ascent through the mother, and the
fifth (inclusive) in the line of ascent through the father, the line being
traced upwards in each case from the person concerned, who is to be counted as
the first generation;
ii. Two persons are said to "sapindas" of each other if one is a lineal ascendant
of the other within the limits of sapinda relationship, or if they have a common
lineal ascendant who is within the limits of sapinda relationship with reference
to each of them;8
Section 3 (g):
"degrees of prohibited relationship" - two persons are said to be within the
"degrees of prohibited relationship" -
i. if one is a lineal ascendant of the other; or ii.if one was the wife or
husband of a lineal ascendant or descendant of the other; or iii. if one was the
wife of the brother or the father's or mother's brother or of the grandfather's
or grandmother's brother of the other; or iv. if the two are brother and sister,
uncle and niece, aunt and nephew, or children of brother and sister or of two
brothers or of two sisters;
Explanation - For the purposes of clauses 3(f) and 3(g), relationship includes -
i. relationship by half or uterine blood as well as by full blood;
ii. illegitimate blood relationship as well as legitimate;
iii. relationship by
adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly.
Degrees of Prohibited relationship as per the Special Marriage Act, 1954
Section 2 (b):
"Degrees of prohibited relationship" - a man and any of the persons mentioned in
Part I of the First Schedule and a woman and any of the persons mentioned in
Part II of the said Schedule are within the degrees of prohibited relationship.
Explanation (I) - Relationship includes, --
a. relationship by half or uterine blood as well as by full blood;
b. illegitimate blood relationship as well as legitimate;
c. relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.
Explanation (II) - "Full blood" and "half blood" - two persons are said to be
related to each other by full blood when they are descended from a common
ancestor by the same wife and by half blood when they are descended from a
common ancestor but by different wives.
Explanation (III) - "Uterine blood" - two persons are said to be related to each
other by uterine blood when they are descended from a common ancestress but by
different husbands.
Explanation (IV) - In Explanations II and III, "ancestor" includes the father
and "ancestress" the mother;
The First Schedule [ Degree Of Prohibited Relationship]
PART - I
Mother.
Father's widow (step mother).
Mother's mother.
Mother's father's widow (step grand-mother).
Mother's mother's mother.
Mother's mother's father's widow (step great grand-mother).
Mothers's father's mother.
Mother's father's father's widow (step great grand-mother).
Father's mother.
Father's father's widow (step grand-mother).
Father's mother's mother.
Father's mother's father's widow (step great grand-mother).
Father's father's mother.
Father's father's father's widow (step great grand-mother).
Daughter.
Son's widow.
Daughter's daughter.
Daughter's son's widow.
Son's daughter.
Son's son's widow.
Daughter's daughter's daughter.
Daughter's daughter's son's widow.
Daughter's son's daughter.
Daughter's son's son's widow.
Son's daughter's daughter.
Son's daughter's son's widow.
Son's son's daughter.
Son's son's son's widow.
Sister.
Sister's daughter.
Brother's daughter.
Mother's sister.
Father's sister.
Father's brother's daughter.
Father's sister's daughter.
Mother's sister's daughter.
Mother's brother's daughter.
Explanation - For the purposes of this Part, the expression "widow"
includes a divorced wife
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