Understanding Section 28 of the Special Marriage Act: A Comprehensive Guide for Hassle-Free Marriage Registration

Introduction

The Special Marriage Act (SMA), enacted in 1954, governs civil marriages in India. Section 28 of the SMA plays a crucial role in facilitating the registration process, ensuring the legal and social recognition of interfaith and inter-caste marriages. This comprehensive guide aims to provide a thorough understanding of Section 28, empowering couples to navigate the registration process seamlessly.

What is Section 28 of the Special Marriage Act?

Section 28 empowers the Marriage Officer designated by the government to issue a Marriage Certificate after completing the prescribed formalities under the SMA. The certificate serves as legal proof of the marriage and is crucial for various purposes, including obtaining a passport, securing government benefits, and establishing parental rights.

Conditions for Applying Under Section 28

To apply for marriage registration under Section 28, the following conditions must be met:

• Consent of Parties: Both parties must give their free and voluntary consent to the marriage.
• Age of Parties: The bride must be at least 18 years old, while the groom must be at least 21 years old at the time of marriage.
• No Prior Marriage: Both parties must be unmarried or legally divorced at the time of applying for registration.
• Mental Capacity: Both parties must be of sound mind and capable of understanding the nature and consequences of marriage.
• No Prohibited Relationships: The parties must not be related as siblings, grandparents, or grandchildren.

Procedure for Applying Under Section 28

The process for applying for marriage registration under Section 28 involves the following steps:

1. Notice of Intended Marriage:

• The couple must give a notice of their intended marriage to the Marriage Officer of the district in which either party resides.
• The notice must be in writing and signed by both parties, indicating their full names, addresses, occupations, and ages.

2. Publication of Notice:

• The Marriage Officer will publish the notice in a prominent place in their office for 30 days.
• Any objections to the marriage can be filed during this period by interested persons.

3. Investigation of Objections:

• If any objections are raised, the Marriage Officer will investigate the matter and decide whether or not to proceed with the registration.

4. Solemnization of Marriage:

• If there are no valid objections, the marriage may be solemnized by the Marriage Officer in the presence of three witnesses.
• The ceremony can be conducted in any form, as long as it is witnessed and recorded.

5. Issuance of Marriage Certificate:

• After the marriage is solemnized, the Marriage Officer will issue a Marriage Certificate to the couple.
• The certificate will contain details of the parties, the date and place of marriage, and the names of the witnesses.

Common Mistakes to Avoid

• Delay in Giving Notice: Failing to give notice to the Marriage Officer within 30 days of the intended marriage can result in delays in registration.
• Incomplete Documentation: Ensure that all required documents, including proof of age, identity, and address, are submitted with the notice.
• Objections Not Properly Addressed: If objections are filed against the marriage, it is important to respond promptly and provide evidence to counter any allegations.
• Unauthorized Ceremonies: Marriages must be solemnized by a duly appointed Marriage Officer to be legally valid.
• Incorrect Information: Providing false or misleading information on the application can lead to legal consequences.

Key Figures Related to Section 28

• In 2021, approximately 2.6 million marriages were registered under Section 28 of the SMA.
• The majority of interfaith marriages are registered under Section 28, accounting for over 50% of all civil marriages.
• The average time taken for the registration process varies from 30 to 60 days, depending on the efficiency of the Marriage Officer.

Useful Tables

Call to Action

If you are planning an interfaith or inter-caste marriage, it is essential to understand the provisions of Section 28 of the Special Marriage Act. By carefully following the procedures outlined in this guide and avoiding common pitfalls, you can ensure a hassle-free marriage registration process and secure the legal recognition of your union.