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Following may be followed in consultation with a local Adv. as typically Special Marriage Act procedures (format part) changes with States in India;
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Under Special Marriage Act the marriage may be done.
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She needs to bring her Birth Certificate + Shall carry from a local Notary in English language a stamped / signed Affidavit in original of her age proof, residence proof and un-married status undertaking + shall carry 8 PP + come on valid Three months India Tourist Visa (later converted to resident Visa) + shall carry 8 Xerox copies of her Passport.
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Conditions necessary for a marriage under The Act
The following conditions are necessary:
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That neither party has a spouse living at the time of marriage.
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That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
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That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
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That neither party has been subject to recurrent attacks of epilepsy or insanity.
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That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
4. A notice of intended marriage need to be placed at Registrar office under
The Act
A notice has to be given in writing in the form given below 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 30 days immediately proceeding the date on which such notice was given.
FORMAT OF NOTICE
To,
Marriage Officer,
_______District________
We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calender months hereof.
Name:
Condition:
Occupation:
Age:
Dwelling:
Place of residence if present dwelling place not permanent.
AB
Unmarried/Widower/Divorced
Witness our hands this _____ day of ___ 200_
Signed AB Signed CD
5. Publication part under The Act
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 the marriage may be solemnized.
6. Declaration and witnesses part under The Act
Before the marriage is solemnized the parties and three witnesses shall sign a declaration in the form give below, and the declaration shall be counter signed by the Marriage Officer.
DECLARATION MADE BY THE BRIDEGROOM
I, _________hereby declare as follows;
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I am at the present unmarried (or a widower or a divorcee, as the case may be)
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I have completed _______ years of age.
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I am not related to ________(the bride) within the degrees of prohibited relationship.
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I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to true, I am liable to imprisonment and also to fine.
SIGNED__________
(BRIDEGROOM)
DECLARATION MADE BY THE BRIDE
I, _________hereby declare as follows;
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I am at the present unmarried (or a widower or a divorcee, as the case may be)
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I have completed_______years of age.
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I am not related to ________(the bridegroom) within the degrees of prohibited relationship.
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I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to true, I am liable to imprisonment and also to fine.
SIGNED__________
(BRIDE)
Signed in our presence by the abovenamd ________ and __________ .So far as we are aware there is no lawful impediment to the marriage.
WITNESSES
SIGNED____
SIGNED____
SIGNED____
COUNTERSIGNED
MARRIAGE OFFICER
Dated:___day of ________200
7. Place and form of solemnization under The Act
The marriage may be solemnized at the office of the Marriage Officer, or at such place within reasonable distance, as the parties may desire, upon payment of such additional fees as may be prescribed.
The marriage may be solemnized in a form, which the parties may choose to adopt.
However, No marriage is complete and binding unless each party says to the other in the presence of the Marriage Officer and the three witnesses in any language understood by the parties, I_______take thee________to be my lawful wife (or husband)
8. Hire after due diligence a local Adv. to sail both of you throw Court
procedures.
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{PS.: A year back a typical Jurisdiction case was filed in D HC where the then Jstc Dhingra allowed a Russian Women (the then wife to a Hindu husband who was staying in a Guest House opp. Delhi Railway Station) to file Comp0laint case under Domestic Violence Act case against her recently married Hindu husband while their marriage was done under Special Marriage Act, I thought may be some warm-ups about Foreigners as to be brides to Hindu husbands may be given as un-solicited hint to you since you are a Public Servant!}