Registration of Marriages which have already
What is the procedure for Solemnization of marriage / Registration of
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, recption counter is manned during the offical 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. Hindhu/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. Hindhu 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 Hidhu/Special marriage passport size photographs
of both the parties and one marriage photograph. 7.Marriage invitation
Hidhu marriage card, if available. 8. Hidhu 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, Budhist, 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/permenent 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 alongwith three
witnesses are required to be present on the date of registration/Solemenzation.
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 solemenization of marriage
under SMA is a very simple procedure and doesnot required any LEGAL HELP
/ ASSISSTANCE. 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/permenent address.
Q. When will I get a response?
In case of Hindhu 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 alongwith the prescribed document is presented,
the date for appearance before the marriage officer is given vide acknowledgement
of Marriage under Special Marriage Act
Special Marriage Act, 1954 provides for solemnisation of marriages
in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners
have been authorised 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 solemnise the marriage until
he has decided the objection, within 30 days of its receipt. If the ADM
refuses to solemnise 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 solemnises the marriage after 30 days of the notice. Both parties
alongwith 3 witnesses are required to be present on the date of solemnisation
of marriage. It is advisable to submit names of witnesses atleast one
day in advance.
Q. What are the relevant Forms?
Click here for relevant Form
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
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
Father's widow (step 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 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's son's widow.
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.
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