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Fatama Meem   30 October 2023

Special marriage act rules

I m from Bangladesh and my partner from.delhi in india and our situation is now.... He is in govt servants job and i m a non indian muslim girl.... And also our families Won't accept us  in any situation.... I have tourists visa for india validity is 28 January 2024... And also i m a student now we both want to marry legally if anyone Guide us safely because we both dont wanna affect on his job for our marriage steps..... And also wanna know about the cost of this procedure.. We Both are also financially weak where i m a student only and he is in job bt salary also not enough for strongly fight or anything just wanna solution of our problem. That's why for now i wanna know free advice and after that if this procedure is reasonable cost then after i will come in india we will pay the cost of our marriage. 



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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 October 2023

Procedure for solemnization of marriages under the Special Marriage Act:

  • The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the District in which at least one of the parties to the marriage has resided for not less than thirty days immediately preceding the date on which such notice is given.
  • The notice given is then published by affixing it in some conspicuous place in the office of the Marriage Officer, and before the expiration of thirty days from the date on which the notice was published any person can object to the marriage that it would contravene any of the conditions necessary for the marriage.
  • After the expiry of thirty days from the date on which the notice was published, if no objection is received, the marriage may be solemnized.
  • Before the marriage is solemnized the parties and three witnesses have to sign a declaration form, and the declaration has to be countersigned by the Marriage Officer.
  • After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage.
  • Both parties are required to be present at the time of filing of the initial notice as well as after 30 days for the solemnization and registration of marriage.

Documents Required:

Documents required include identity proofs, address proofs, valid passport, visa & NOC from embassy/ consulate (in case of foreign nations), affidavits, declaration forms, etc.

Fatama Meem   30 October 2023

That means in total i have to stay in india atleast 30 days after filing the notice ? 

Can you help me by giving one more info that is that can be within 28 January 2024... Because my tourists visa validity is 28 January 2024

T. Kalaiselvan, Advocate (Advocate)     30 October 2023

In case a marriage between an Indian and a foreign national is to take place in India, generally its 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.
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.

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


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