CHANAKYA NATIONAL LAW UNIVERSITY

PATNA

“CEREMONIES UNDER SECTION 7 OF HINDU

MARRIAGE ACT OF 1955”

ROUGH DRAFT SUBMITTED IN PARTIAL FULFILLMENT OF THE COURSE

TITLED-

FAMILY LAW-1

SUBMITTED TO- SUBMITTED BY-

MRS. POOJA SHRISTAVA NAME: ADITYA PARIHAR

ASSISTANT PROFFESOR OF FAMILY LAW COURSE: B.A, LL.B (Hons.)

ROLL NO: 1706

SEMESTER: 1st
 INTRODUCTION
Section 7 of the Act deals with the ceremonies of a valid Hindu marriage. It lies down that a
Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of
either party thereto. Thus, the customary rites and ceremonies of any one of the parties of such
marriage must be followed. Further, the marriage must fulfill the five conditions of a valid
marriage laid down by Section 5 of the Act, which has been discussed above.

It is clarified by Section 7 that where such rites and ceremonies include the saptapadi (i.e., taking
seven steps by the bridegroom and bride jointly before the sacred fire), the marriage becomes
complete and binding only when the seventh step is taken.

It will thus be seen that the Act does not prescribe any special ceremony for a Hindu marriage. It
is to be noted that even the saptapadi is not obligatory under the Act. The Act only lays down
when the marriage is deemed to be complete in cases where the saptapadi is included in the rites
and ceremonies of either party to the marriage.

As seen earlier, according to Hindu Law, a marriage is both a sacrament as well as a contract. The
religious ceremony consists of:

(a) Invocation before the sacred fire (vivah homa or laja homa), which consists of recitation of
Vedic Mantras and the formal giving away and acceptance of the bride; and

(b) The saptapadi, i.e., the taking of the seven steps by the bride and bridegroom jointly before
the sacred fire.

Where it is proved that a marriage was in fact performed, the Court will presume that it is a valid
marriage1. Where it is shown to the Court that a marriage has in fact taken place, this gives rise
to a dual presumption, viz., that all the legal formalities of the marriage have been complied
with, and also that all the necessary ceremonies have been performed. It would be for the persons
who challenge the validity of such a marriage to rebut these presumptions2.

1
Fakirgauda v. Gangi, 2 Bom. at page 277.
2
Sitabai v. Vithabai, 1958 Nagpur Law Journal 10
AIMS & OBJECTIVES:

The researcher intends to study the:

1. Ceremonies of valid Hindu marriage under Hindu Marriage Act of 1955.

2. Different state amendments of section 7.

Review of literature:

1. Principles of Hindu Law by Dinshah Fardunji Mulla

The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings
together foreign, comparative, and international titles in a single resource. Its International Law
component features works of some of the great legal theorists, including Gentili, Grotius, Selden,
Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others.
The materials in this archive are drawn from three world-class American law libraries: the Yale
Law Library, the George Washington University Law Library, and the Columbia Law Library.

2. Hindu Law: Beyond Tradition and Modernity by Werener Menski

This book analyses the development of Hindu law from the ancient period to its emergence as a
postmodern phenomenon in the 21st century. The author uses comparative social theory
literature to establish that Hindu law must be viewed both as an ancient, evolving conceptual
entity and a living legal system.

Research Questions:

1. What are the ceremonies under section 7 of Hindu Marriage act?

2. Why these ceremonies are essential for Hindu Marriage?
3. What are different state amendments as per need of that particular state?
Hypothesis:

1. The researcher assumes that even in modern era these ceremonies hold an important
value and giving these ceremonies legal validity helps people to connect themselves with
law.
2. The researcher assumes that State amendments are necessary as with such diversity in
ceremonies all over the India it becomes important to legalize those ceremonies which
local people are better connected with.

Research Methodology:

The researcher will use doctrinal method of research in order to make this research paper.

Limitation:

The researcher has time as well as monetary limitations.

Tentative chapterization:

1. Ceremonies Under Hindu law

2. Ceremonies under different personal laws
3. State amendments
4. Important Case Laws
5. Conclusion
 1. CEREMONIES UNDER HINDU LAW
The Hindu Marriage Act, 1955 has secularized the Hindu law of marriage in all respects except
one and has abrogated custom except in a few matters It is in regard to ceremonial validity of a
Hindu marriage that the religious, sacramental or non-secular character of Hindu marriages is
retained. One of the matters in respect of which custom is retained is also the ceremonial validity
of Hindu marriages. This means that a Hindu marriage (and no marriage is valid unless it is
solemnized with proper ceremonies and rites)3 must either be performed with
the shastric ceremonies and rites or in accordance with the customary rites and ceremonies. It
should be clearly understood that customary ceremonies and rites can be performed only
between the parties among whom (i.e. either on the side of the bride or the bridegroom)
customary rites and ceremonies were recognized before the coming into force of the Hindu
Marriage Act, 1955. No new rites and ceremonies of marriage can come into existence4.When
customary ceremonies and rites are not available to parties, then marriage must be performed by
the shastric ceremonies and rites. A Hindu marriage cannot be performed by any other method,
though Hindus are free to perform a civil marriage5, with all its consequences.Thus, for the
ceremonial validity of a marriage, three alternatives are available to the Hindus :

(i) Shastric ceremonies and rites : these rites and ceremonies must be those that are laid down in
the shastric Hindu law,

(ii) customary ceremonies and rites : these rites and ceremonies may be religious, secular,
elaborate, brief or nominal, and

(iii) civil ceremonies, as laid down in the Special Marriage Act 1954.

Shastric Ceremonies and Rites

The ceremonies and rites for Hindu marriages are not laid down in the Dharmashastras. These
are laid down in the Grihya sutras. The Grihya-sutras prescribe very elaborate rites and
ceremonies for marriage. Although the performance of some of the ceremonies and rites begins a
few days before the actual solemnization of marriage both at the place of the bride and the
3
Bhaurao Shankar v. State of Maharashtra, AIR 1965 SC 1584; Ranwalram v. H.P., AIR 1965 SC 614
4
Ralathi v. Selliah, (1966) 2 MLJ 40. The case has been discussed by G. Sitaram Sastry, in (1967) I Law Review,
86-87
5
Under the Special Marriage Act 1954.
bridegroom, all the essential ceremonies are performed at the home of the bride. Here we would
review briefly those ceremonies which are performed at the bride's home.

The ceremonial day of the solemnization of the marriage begins with the vriddhi sraddha. The
father of the bride (or, in his absence the next nearest male relation of the bride), on the forenoon
of the day of the solemnization of the marriage, performs the vriddhi sraddha in which offerings
are made to the departed ancestors with a view to obtaining their blessings for the marriage. On
the same forenoon is performed, with the chanting of the mantras, the ceremony of giving bath
to the bride.

Anciently, there was the practice of setting apart a cow for the wedding feast.6 But later on when
beef-eating was prohibited, a practice grew of tying a cow and then letting it loose on the arrival
of the bridegroom. At several places this practice is still followed, though is not of much
significance in modern Hindu society.

On the arrival of the bridegroom at the bride's place begins the performance of several important
ceremonies. The first of these is the ceremony of sampradana. In this ceremony padya (or
water), for washing the feet, araghya (water mixed with flowers, durva grass, rice and sandal
paste), for washing the head, a cushion to sit upon, and madhuparka (mixture of honey, curd
and ghee) are given to the bridegroom along with other presents. This ceremony is performed
amidst the chanting of mantras and recitation of prayers. This ceremony is followed by
the kanyadana ceremony, in which the father of the bride formally gives the bride to the
bridegroom (the right hand of the bride is tied with that of the bridegroom with durvagrass),
amidst the chanting of mantras7. Then the bride is formally accepted by the bridegroom with the
recitation of the a Hymn to Love (Kama Sukta).

The father of the bride then gives a piece of gold to the bridegroom by way of a present. This is
followed by the tying of the skirts of the mantles of the pair, signifying their union. The father of
the bride invokes the bride-groom not to fail the bride in his pursuit of dharma, artha,
kama and moksha.

6
Supra Note 4
7
Id
Then, the holy fire is lit, and the vivaha-homa is performed. On the west of the agni kunda is
placed a mill-stone and on the north-east is placed a water-pot. The bridegroom and the bride
offer oblations to the holy-fire (the bride participates in the offering of oblations by grasping the
hand of the bridegroom). These oblations are made to Earth, Sky and Heaven
(the mahavayahritu-homa). The bridegroom also recites several mantras and invocations.
Addressing to the bride he says :

May thou never admit sorrow to thy breast,

May thou prosper in thy husband's home, blessed

With his survival and viewing cheerful children.

The next important ceremony is the ceremony of panigrahanain which the bridegroom standing
up and facing west takes the hand of the bride, while the latter sits in front of him facing east.
While so holding the hand of the bride, the bridegroom recites the a Vedic hymn :

On the completion of this invocation, the bride performs the laja-homa in which she offers
oblations to Aryama, Varuna, Pusha, and Agni so that the gods may be pleased to free her from
their bonds.8

The ceremony of panigrahana is followed by the ceremony of agni-parnayana9. According to

the Griha-sutras, parinayanaare three, though in practice they are usually seven or five (in all
sacramental marriages they are even now invariably performed). The agni-parinayana is the rite
of going round the nuptial fire and water-pot—all the time the couple keeps to the right-hand
side of the nuptial fire and the water-pot.

At the end of each round around the holy fire, the bride with the helping hand of the bridegroom
mounts the mill-stone.

8
This is based on the following legend : The bride is given to man by three gods, viz., Soma, Gandharva and Agni,
who were her first three husbands. The mantra that is recited before the nuptials is, "Soma had acquired thee as his
wife ; after him Gandharva acquired thee, thy third husband was Agni : and the fourth is thy human husband. Soma
had given thee to Gandharva, Gandharva gave thee to Agni. Oh ! wife, Agni has, besides thee, given wealth and
children to me".
9
MANU SMRITI, VIII, 227
The last ceremony of the rites and ceremonies of a Hindu marriage is saptpadi which is the most
important ceremony and must be performed in all sacramental marriages. This is the ceremony in
which the bridegroom leads the bride for seven steps in the north-eastern direction, while
chanting a hymn.

The saptpadi is the most material of all the nuptial rites, as marriage becomes complete and
irrevocable on the completion of the seventh step. According to Manu : "The nuptial texts are a
certain rule in regard to wed-lock ; and the bridal contract is known by the learned to be
complete and irrevocable on the seventh step of the married pair, hand in hand, after those texts
have been pronounced."10 Other sages are to the same effect ; so are the commentators and
judicial pronouncements.11

The last ceremony that is performed at the bride's place is known as uttara-vivaha.12 After the
completion of this ceremony the bride is conducted is solemn procession to her husband's home
where several texts are recited.

In most of the Hindu marriages performed in average Hindu homes, these ceremonies—or at
least most of them—are performed at the time of the solemnization of marriage, though only in a
few marriages the sacred hymns and verses are recited by the bride and the bridegroom. The
function of recitation of hymns and sacred texts is performed by the panditor the priest
officiating at the marriage. It seems to be clear that the chanting of the hymns, mantras, verses
and sacred texts is not essential in modern Hindu law for the validity of a Hindu marriage.

The question is : of the above ceremonies which are absolutely essential for the valid
solemnization of a Hindu marriage under the modern Hindu law?

The answer to the above question is not simple. The judicial pronouncements do not clearly lay
down which of the ceremonies are essential for the valid performance of a Hindu marriage.
However, there need not be any doubt about one ceremony, viz., the saptpadi which is absolutely
indispensable for the performance of a Hindu marriage by the shastric rites.13Sub-section (2) of
Section 7, Hindu Marriage Act lays down : "Where such rites and ceremonies include

10
Brindaban v. Chandra, 12 Cal 140
11
Devani v. Chindavaram, AIR 1954 Mad 65
12
Id
13
Kanta Devi v. Sri Ram, AIR 1963 Punj 235
the saptpadi . . . the marriage becomes complete and binding when the seventh step is
taken". The Madras High Court, after examining all the relevant texts, came to the conclusion
that in reality for the ceremonial validity of a Hindu marriage only two ceremonies are essential,
one consists of the secular element, i.e. the gift of the girl (this will
include sampradana and kanyadana); and the second consists of religious element, i.e. the
performance of panigrahana and saptpadi.14 The Bombay High Court said that for the validity of
a Hindu marriage the two essential ceremonies are, lajahoma and
the saptpadi. In Rampiayar v. Deva Roma15, the court said that though vivaha homa is a usual
ceremony of a Hindu marriage, but its non-performance does not render the marriage void, if
the saptpadi has been performed. It also seems to be settled that in the Gandharva form of
marriage which is available to all Hindus and which is a marriage with the mutual consent of the
bride and bridegroom, the ceremony of kanyadana is not necessary. Although all
the shastric rites that are performed among the twice born Hindus are also performed
by sudras, the performance of the vivaha-homa is not essential among them.It also seems to be
established that the presence of a priest to officiate at the nuptial rites is not necessary.

In view of this state of judicial authority, the text-book writers also do not add to clarity. Mayne
said, "The performance of the homam, the panigrahana or taking hold of bride's hand and going
round the fire with Vedic mantras, the treading on the stone, and the seven steps or saptpadi—
these are the more important rites mentioned by it. The marriage becomes complete and
irrevocable on the completion of the saptpadi or ceremony of seven steps and from that moment,
the wife passes into her husband's gotra. Till then the marriage is imperfect and
revocable".Mulla holds the view that (i) invocation before the sacred fire, and (ii)
the saptpadi are the only two essential ceremonies of marriage.16But he quotes no authority.

This means that the question as to which are the essential ceremonies of a Hindu marriage under
the modern Hindu law still remains unanswered. In the present submission the key may lie in
looking at the character and nature of Hindu marriage in modern Hindu law. Although most
Hindus still prefer to call their marriage a sacrament, the fact of the matter is that very little of

14
Deviani v. Chindaravam, AIR 1954 Mad 65
15
AIR 1923 Rang 202
16
Mulla, HINDU LAW (13th ed.) para 437.
sacramental aspect of Hindu marriage has been left.17 It is neither an eternal union (a union for
all lives to come, as ancient Hindus held), since a widow, widower and divorcee are free to
remarry, nor is it an inviolable marriage, since divorce is recognized. The Hindu Marriage Act
calls a Hindu marriage simply as "Hindu marriage". What is left of the sacramental aspect of a
Hindu marriage is that some shastric ceremonies are still required for its solemnization. In view
of this, it seems that the only ceremony that is obligatory for the solemnization of Hindu
marriage is the saptpadi.18

Customary ceremonies and Rites

It is interesting to note that the Grihya-sutras, while prescribing all the elaborate ceremonies and
rites, also lay down that a marriage may be solemnized in accordance with "the customs of the
different countries and villages." It has been the settled law even before the coming into force of
the Hindu Marriage Act that if a community does not recognize any of the shastric ceremonies
and rites of the marriage, their omission will not render a marriage invalid provided the
ceremonies and rites prescribed by the community are performed. Numerous customary
ceremonies and rites have been recognized by the courts. The only change that the Hindu
Marriage Act makes in this regard is that if a marriage is solemnized by the customary rites and
ceremonies recognized on the side of one of the parties to the marriage (it may not be recognized
on the other side), then the marriage will be valid.19For the performance of customary
ceremonies and rites it is essential to establish that the caste or community has been continuously
following such rites and ceremonies from ancient times and the caste or community regards
performance of such ceremonies as obligatory, provided such customary ceremony and rites are
not against morality, law and public policy.

No one, not even a community, organization or movement, is free to alter, vary or create a
ceremony at one's pleasure. When the Arya Samaj movement simplified the ceremonies and rites
for the solemnization of marriages among the Arya Samajists, an Act had to be passed to set at
rest all doubts relating to validity of such marriages.20 Even for the validity of marriages among

17
MODERN HINDU LAW, CODIFIED AND UNCODIFIED, (3rd edition), 66-68.
18
The marginal note to Section 7 runs, "Ceremonies of Hindu Marriage". It may be recalled that the Hindu Code
Bill called Hindu marriage as a "sacramental marriage", See Part II, Chapter I.
19
Authikesavalu v. Ramanujan, (1909) 32 Mad 512
20
The Arya Marriage Validation Act, 1937
the Sikhs by ananda karaj a statute had to be passed.The question of innovation of new
ceremonies and rites came before the Madras High Court in an interesting manner.21 In
Tamilnadu there exists an organization, now for at least half a century, known as Anti-Purohit
Association or Self-Respectors' Cult. This is an inter-caste organization, the main objective of
which is to do away with the traditional rites and ceremonies prevalent among the Hindus. It has
also innovated some very simple rites and ceremonies of marriages. Such marriages are known
by the name of suyamariyathai or seerthiththamarriages. When such a marriage is to be
performed then the relatives and friends of the bride and bridegroom and the notable persons of
the locality are invited, and among the invitees some one is requested to preside over the
function. The bride and the bridegroom are introduced to the guests, and in their presence the
simple ceremony of exchanging garlands and rings between the bride and the bridegroom is
performed. Two other alternative ceremonies may also be performed : (a) a simple ceremony of
tying the thali, or (b) the bride and bridegroom may declare in any language understood by them
that each takes the other to be his wife or, as the case may be, her husband. When the validity of
one such marriage was questioned before the Madras High Court, Satyanarayana Rao, J., said
that it may be very laudable object to simplify the procedure applicable to marriages as laid
down in the shastrasand custom, but it will be a dangerous doctrine to lay down that a
community should have liberty to prescribe the requisites of a valid marriage without any
statutory authority. No one can alter personal law. The marriage was held void. This decision led
to statutory recognition of such ceremonies and rites. The result of this statutory modification is
that a mere execution of a document by the spouses that they have become husband and wife will
amount to a declaration in the presence of friends and other persons,and will confer the status of
husband and wife on the parties.

Just as no one is free to innovate ceremonies, similarly no one is free to perform any ceremonies
of marriage, even though the intention to be man and wife may be there. This question has come
before our courts in bigamy cases.22 Prosecution for bigamy cannot stand unless the
solemnization of the second marriage by the requisite rites and ceremonies is established. The
question came before the Allahabad High Court in a very interesting manner. 23One Dr. N. A.

21
Deivayani v. Chidambara, AIR 1954 Mad 657
22
Bhau Rao v. State of Maharashtra, AIR 1965 SC 1564
23
Dr. A. N. Mukerji v. State, AIR 1969 All 489
Mukerji performed three different ceremonies of marriage at three different times with one Smt.
Harbans Kaur (who was a married woman and whose husband was living). The first ceremony
was performed in a moonlit night in the open where Dr. Mukerji after reciting a few Sanskrit
verses embraced Smt. Harbans Kaur and exclaimed, "Moon you are my witness. I am marrying
Harbans and she is my wife and I am her husband". The second ceremony was performed eight
years later in a Kali temple where the parties exchanged garlands in front of the deity and walked
seven steps together. The third ceremony was performed a day later before Guru Granth Sahib :
an imitation of ananda karaj. The court held that the performance of such mock ceremonies of
marriage does not constitute a valid solemnization of marriage.

Not merely the ceremony and rite should not be a mockery, but it is also necessary that the
requisite ceremony prevalent and recognized either on the side of the bride or on the side of the
bridegroom should be performed. Thus, if a Buddhist and a Jain solemnize their marriage
by ananda karaj (which is a valid Sikh ceremony), then marriage will not be valid, since ananda
karaj is neither recognized on the side of the bride nor on the side of the bridegroom. But if a
Sikh and a Jain solemnize their marriage by ananda karaj, the marriage will be valid.

Thus, neither the innovation of ceremonies is allowed nor can a marriage be performed by any
sort of ceremonies. In either case, the marriage will be void. Derrett says that intention should be
the criterion. "Did they intend to become man and wife? If they did so, the choice of ceremony is
irrelevant . . . . If on the other hand she aimed to be no more than a permanent concubine, the
ceremonies, no matter how elaborate, should not have the effect of turning her into
a patni against her intention !"24 It is submitted that this is not so under Hindu law. Under Hindu
law it is the solemnization of requisite ceremonies and rites that confers the status of husband
and wife, and if requisite ceremonies are not performed, the marriage is null and void, unless
custom permits such a marriage.25

In this jumble of customary ceremonies and rites of marriage, where the burden of proof is on the
party who alleges the customary ceremonies and rites26, the only redeeming feature seems to be
the rule of presumption of marriage. Section 144 of the Evidence Act lays down that where

24
CRITIQUE OF MODERN HINDU LAW, 300
25
Inderu v. Ramaswamy, (1869) 13 MIA 141
26
Id
independent evidence of solemnization of marriage is not available, it will be proved to be a
valid marriage by continuous cohabitation between the parties unless contrary is proved. It has
been held at an early date that the policy of law is to lean in favour of validity of marriage.27 It
has also been held that continuous and prolonged cohabitation gives rise to a presumption in
favour of marriage, and against concubinage.28 In every case it is necessary to establish that
solemnization of marriage took place, once that is proved. It is not necessary to show that each
and every ceremony was performed. Where it is alleged that all ceremonies were performed, but
there is no proof of the performance of any ceremony and rite, such as of kanyadanaor saptpadi,
and where no guardian for marriage (the girl being below eighteen) of the bride was present at
the time of marriage, it cannot be presumed that essential ceremonies were performed. Thus, the
rule of presumption in favour of solemnization of marriage helps only to an extent.

This writer is in respectful agreement with S. V. Gupte that "it is unfortunate that in each case
even after the codification it would have to be ascertained whether the marriage was performed
according to the customary rites and ceremonies of any particular spouse".29 In the submission of
the present writer it would be better that if a simple ceremony of marriage is devised which is
available uniformly to all Hindus.

Civil Ceremonies

If two Hindus want to perform a marriage under Hindu law, then it has to be either according to
the shastric ceremonies or the customary ceremonies. If two Hindus want to perform their
marriage by a civil ceremony they can do so under the Special Marriage Act, 1954, but then it
will not be a Hindu marriage. It will be a marriage which will be governed not by Hindu law but
the Special Marriage Act, 1954. Further, if a Hindu wants to perform a marriage with a non-
Hindu without converting to the religion of the non-Hindu, then he has no option but to perform
his marriage in the civil form. The Special Marriage Act, 1954 is an enabling statute : if two
persons—any two persons—want to solemnize their marriage under the Act, they may do so.
But, the fact of the matter is that in the aforesaid two situations a Hindu has no option (unless he
wants to remain a celibate) but to perform his or her marriage under the Special Marriage Act. In

27
Maujilal v. Chandravati, 38 IA 122
28
Gola v. Parvan, AIR 1952 SC 231
29
S. V. Gupte, Hindu Law of Marriage (1976), 154
fact, any inter-religious or inter-communal (i. e. when both persons are not Hindus, Muslims,
Christians, Parsi or Jews) marriage has to be performed under the Act.

Apart from the consequences that capacity to marry, ceremonies of marriage, matrimonial reliefs
and ancillary reliefs are all governed by the Special Marriage Act, if a person wants to perform a
civil marriage (popularly known as court marriage), there are other consequences also. Some of
these consequences apply to all persons who marry under the Act. These are : (a) succession to
the property of any person whose marriage is solemnized under the Act and to the property of the
issue of such marriage "shall be regulated" by the provisions of the Succession Act, 1925, and
not by their personal law,30 and (b) any person whose marriage is solemnized under the Act
"shall have the same rights and shall be subject to the same disabilities in regard to the right of
succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 (21 of
1850) applies,"31 The Marriage Laws (Amendment) Act, 1976 has now modified these
consequences so far as the Hindus are concerned, if both the parties to the marriage are
Hindus. In such a case succession to their property as well as the property of their issue will be
governed by Hindu law.But if only one of the parties is a Hindu, then the same consequence will
follow.32 This modification does not apply if both the parties are Muslims, Christians, Jews or
Parsis. The Act of 1976 modifies the second consequence by laying down it will not apply so far
as it "creates a disability". Again, this modification will apply only if both the parties are Hindus.
It will not apply to non-Hindus even if both the parties belong to the same religion or faith.

One of the consequences of marrying under the Special Marriage Act, 1954 applied only to the
Hindus. Before the Amendment of 1976 it was laid down that if a Hindu performed a civil
marriage then it "shall be deemed to effect his severance”33 from the coparcenary whose member
he was at the time of the marriage. The Marriage Laws (Amendment) Act, 1976 modifies this
consequence on the same line as it has modified the other two consequences, so that, if both the
parties to the civil marriage are Hindus then it will not affect their severance, but if only one of
them is a Hindu, then it will still effect severance of status.

30
Section 21, Special Marriage Act
31
Section 20, Special Marriage Act.
32
Section 21-A, Hindu Marriage Act 1955.
33
A. A. A. Fyzee, Some Problems of Muhammadan Law in India in I. L. I's Property Relations in Independent India,
261 at 263
The three consequences which flowed if a Hindu performed a civil marriage were obviously a
deterrent (and probably meant to be) to the performance of a civil marriage by a Hindu, and thus
only a rebel Hindu could take recourse to it (i.e. when a marriage was to be performed against
the wishes of the parents even if both the parties were Hindus, or when only one of the parties
was a Hindu). Thus, though a person marrying under the Act has not to "abjure his religion"34, he
has to abjure his personal law.

In the present submission the civil marriage form has been provided to Hindus (i.e. when both
the parties are Hindus) by a circuitous route, and somewhat grudgingly.

34
Supra Note 33.
 2. CEREMONIES UNDER DIFFERENT PERSONAL LAWS

MUSLIM LAW

Muslim law provide for simple ceremonies of marriage. All that is necessary for the performance
of a Muslim marriage is that there should be a proposal of marriage made by, or on behalf of the
parties to the marriage and accepted, on or behalf of, the other, at one and or in at the same
meeting. If the proposal is made in one meeting and the acceptance is made in other it does result
into a valid marriage. The sunni law requires that the proposal and the acceptance should be
made in the presence and hearing of two adult male witnesses, or one adult witnesses and two
female witnesses. The shia law does not require the presence of witnesses. For making a
proposal or acceptance no specific words are laid down though it is necessary that whatever
words are used, these must clearly and unequivocally convey the intention to be married. The
usual words, though not prescribe are, “ I have married myself to you”, and the other says, “ I
have consented myself to you”. The Ithana Ashari law required the use of the two Arabic words,
taweez and nikah. But even if proper words are not used, consummation of marriage cures the
deficiency. No religious ceremonies are essential. No writing is required either.

In India, marriage among all sects of muslims is usually solemnized by persons conversant with
the requirements of law and they are designated as Muslim law in India means ‘that portion of
Islamic Civil Law which is applied to Muslims as a personal Law’35. It consists of the
injunctions of Quran, of the traditions introduced by the ‘practice’ of the Prophet (Sunna), of the
common opinion of the jurists (Ijma), of the analogical deductions of these three (Qiyas), and of
the pre-Islamic customs not abrogated by the Prophet Mohammad. Further, it has been
supplemented by the juristic preference (Istihsan), public policy (Istilah), precedents (Taqlid) and
independent interpretation (Ijtihad)36. It has been further supplemented and modified by State
Legislation and modern judicial precedents of the High Courts and the Supreme Court of India
and also of the Privy Council37. Man & woman relationship has thus been institutionalized in
Islam by this dictate and whatever has Prophet Mohammad of Islam is reported to have said:

35
A.A. Fyzee, Asafand Tahir Mahmood, Outlines of Muhammadan Law, 4 (Oxford University Press, 2008).
36
Id.
37
I.A. Khan (ed.), Aqil Ahmed Text Book of Mohammadan Law, 41 (Central Law Agency, 2001).
“Marriage is my Sunna and those who do not follow this way of life are not my followers and
there is no mockery in Islam”.

been practiced in Muslim community since ages is the outcome of their peculiar socio-religious
history. Muslim law is till date uncodified and different set of rules prevail amongst different
sects of Muslims. Polygamy under Muslim law has been accepted because of social, economic
and political reason, which has been sanctioned by religious mandate. The practice of polygamy
derives its validity from the Quran and it has been transformed into a binding rule of law. The
reasons for permission to marry up to four wives in exceptional cases were structured in the
society itself, which perpetuated its existence. The translation of the Third Verse (AL NISA,
verse 3), of the Quran reads as follows: “and if you fear that you cannot act equitably towards
orphans, then marry such women as seems good to you, fear that you will not do justice
(between them), then (marry) only one or what your right hands possess, this is more proper that
you may not deviate from the right course”38. Sheikh kedwai39 states, “these verses were
revealed after a murderous battle the Battle of Ohud. Several male Muslims were killed which
resulted in the curtailment of the Muslim male population. Numerous young widows and girls
were in need of protection. Thus to safeguard their interest as well as to remove the imbalance in
the structure of society, polygamy became necessary. The problem of unmarried ‘mothers’ and
‘war babies’ aggravated the situation further. At that time simple life for a woman was not a
natural life, a woman in health and with natural vigor if condemned to simple life, would suffer
the consequences of ignoring the demands of nature. Therefore, Mohammad being a religious
teacher and a moralist, came with a solution”40. The civilization changes of modernity are not
always reflected in the traditional institutions like marriage, which have strong cultural history.
Broadly speaking Muslim marriage is a contract, which like any other contract gets completed by
a proposal by the groom and acceptance by the bride or her legal guardian in the presence of
witnesses. This is based upon the concept of individual liberty, which is the main theme of
Muslim jurisprudence, unlike Hindu law, these formalities of proposal and acceptance are sine
qua non under Muslim law. Muslim marriage is called ‘Nikah’ which literally means carnal

38
Supra Note 35
39
Sheikh Kidwai3 3 Sheikh M.H. Kidwai, Woman Under Different Social and Religious Laws, 101 (Seema
Publications, 1976).
40
Supra Note 34
conjunction. Abdur Rahim41. A Muslim marriage requires ‘Ijab’ or proposal from male party;
‘Qubool’ or acceptance from female party; recitation of certain verses from the Quran/‘Khutab’
or sermon declaring the marriage but the Mohammadan law does not prescribe any service
peculiar to the occasion; declaration & acceptance by the natural legal guardians of the marrying
parties before competent and sufficient witnesses; payment of ‘Dower’ a sum of money,
property, says, the Mohammadan jurists regard the institution of marriage as pertaining both of
the nature of ‘Ibadat’ or devotional acts and ‘maulamaat’ or dealings among men.

A Muslim marriage requires ‘Ijab’ or proposal from male party; ‘Qubool’ or acceptance from
female party; recitation of certain verses from the Quran/‘Khutab’ or sermon declaring the
marriage but the Mohammadan law does not prescribe any service peculiar to the occasion;
declaration & acceptance by the natural legal guardians of the marrying parties before competent
and sufficient witnesses; payment of ‘Dower’ a sum of money, property, ornaments or other
articles promised by the husband to the wife in consideration of marriage. The proposal &
acceptance called ‘Ijabe-o-Qabool’ should be made in the presence and hearing of two male or
one male and one female witness who must be sane and adult Muslims. These must be expressed
at the same meeting. A proposal made at one meeting and acceptance made at another meeting,
do not constitute a valid marriage. Neither writing nor any religious ceremony is essential42.
Where the words of offer and acceptance are laid down in a written document, such a document
is called Kabin-nama and the witnesses are called vakils. It is a documentary evidence of
marriage. Under the Shia law, witnesses are not necessary at the time of marriage but are
required at the time of divorce. Free consent in case of adult persons is not only essential for a
valid marriage but is absolutely necessary. Consent by the father is no substitute for the consent
by the girl43. Puberty and majority are synonymous in Muslim law. The presumption of majority
age is 15 years but the Hedaya lays down that the earliest period for a boy is 12 years and a girl
is 9 years44. In Abdul Kadir v. Salima45, In the Shia law female age of puberty begins with
menstruation.. it has been laid that a Muslim marriage is a civil contract upon the completion
ofwhich by proposal and acceptance, all the rights and obligations, which it creates, arise

41
Abdur Rahim, The Principles of Mohammadan Jurisprudence, 327 (1985).
42
Rahim Khatoon v. Saburjanessa, AIR 1996 Gau 33
43
Hassan Kutti v. Jainbha, AIR 1928 Mad 1285
44
Baillie, Digest of the Hanafi Law, 90.
45
(1886) 8 All 149
immediately and simultaneously. Marriage among Muslims is not a sacrament but purely a civil
contract and though solemnized generally with recitations of certain verses from the Holy Quran
yet Mohammadan Law does not positively prescribe any service peculiar to the occasion.
Fitzgerald observed. “Although a religious duty, marriage is emphatically not a sacrament. There
are no sacraments in Islam nor it is coverture”46. The traditional Muslim law practiced in India
allows marriage not only between two Muslims (the leading two sects, Sunnis and Shias) but
also between a Muslim male and a non-Muslim female who can be a Christian, Jewish but not a
fire worshipper nor a idol worshipper47. The Muslim Personal Law (Shariat) Application Act,
1937; The Dissolution of Muslim Marriage Act, 1939 and The Muslim Women (Protection of
Rights on Divorce) Act, 1986 apply to Muslims in India.

CHRISTIAN LAW

Marriages for Christians in India are governed by Indian Christian Marriage Act, 1872. This Act
is applicable only to marriages between two Christians and not when any of them is a non-
Christian. Some of the essential requirements for validation of a marriage under Section 60
of Indian Christian Marriage Act, 1872are:

1. The husband and the wife should not be less than 21 years of age and 18 years of age
respectively.

2. Both of them should not have a spouse living at the time of marriage.

3. Marriage must be solemnised in presence of at least two witnesses and the priest must be
licensed to grant the marriage certificate. Each of the party is required to say to the other-“I call
upon these persons here present to witness that. , A. B., in the presence of Almighty God, and in
the name of our Lord Jesus Christ, do take thee, C. D., to be my lawful wedded wife [or
husband]” or words to the like effect.”48

46
Fitzgerald, Muslim Law, 37
47
Id.
48
Christian Marriage and Registration Procedure in India. http://www.helplinelaw.com/family-
law/CTMRR/christian-marriage-registration.html
Procedure for marriage under Indian Christian Marriage Act, 1872-

1. Notice of intended marriage- Under Section 12 of Indian Christian Marriage Act, 1872, one
of the parties to the marriage is required to give a notice in writing to the Minister of religion or
whom he/she desires to solemnize their marriage in the form contained in the first schedule.
Under Section 38 of Indian Christian Marriage Act, 1872, the notice is required to be given to
the Marriage Registrar49.

The notice, in both the cases, must contain the name and surname, and the profession or
condition, of each of the persons intending marriage, the dwelling-place of each of them, the
time for which each party has dwelt there and the place at which the marriage is to be
solemnised.

Under Section 14 of Indian Christian Marriage Act, 1872, if the marriage takes place at a private
dwelling, the Minister of Religion, on receiving the notice is required to forward it to the
Marriage Registrar of the District, who shall affix the notice at some conspicuous place in his
office50.

As prescribed under Section 12 of Indian Christian Marriage Act, 1872, the notice must contain
the name and surname, and the profession or condition, of each of the persons intending
marriage, the dwelling-place of each of them, the time during which each has dwelt there, and
the church or private dwelling in which the marriage is to be solemnized51.

2. Publication of such notice- Under Section 13 of Indian Christian Marriage Act, 1872, in
case, one of the parties want the marriage to be solemnized in a particular Church and the
Minister of Religion is entitled to officiate in such Church, he shall publish the notice in
conspicuous part of the Church52. If the Minister of Religion is not entitled to officiate in such
Church, he shall either return it to the party or give to a Minister of Religion who is entitled to
officiate and affix the notice in a conspicuous of the Church. Under Section 39 of Indian
Christian Marriage Act, 1872, the Marriage Registrar, on receiving the notice, is required to
affix the notice in a conspicuous part of his office.

49
Shiv Sahai Singh (1 January 1993). Unification of Divorce Laws in India. Deep & Deep Publications.
50
Supra Note 48.
51
Id.
52
Supra Note 49
3. Declaration or Oath before issuing of certificate- Under Section 18 of Indian Christian
Marriage Act, 1872, one of the party intending to marry must give a declaration that he has
appeared personally before the Minister and make a solemn declaration-

a. that he or she believes that there is not any impediment of kindred or affinity, or other lawful
hindrance, to the said marriage, and when either or both of the parties is or are a minor or minors,

b. that the consent or consents required by law has or have been obtained thereto, or that there is
no person resident in India having authority to give such consent, as the case may be53.

In case, the notice is sent to a Marriage Registrar instead of a Minister of Religion, a declaration
containing an oath is required to be made under Section 42 of Indian Christian Marriage Act,
1872 for issuing the certificate of declaration and oath made54.

4. Issue of certificate of notice given and declaration or oath made- Under Section 17 of
Indian Christian Marriage Act, 1872, the Minister of Religion must issue a certificate that he has
received such notice by one of the party containing the declaration given under Section 17 of
Indian Christian Marriage Act, 1872. Similarly, under Section 41 of Indian Christian Marriage
Act, 1872, the Marriage Register is required to issue a certificate declaring that he has received
such notice by one of the party containing an oath given under Section 42 of Indian Christian
Marriage Act, 1872.

5. Procedure on receipt of notice – Under Section 21 of Indian Christian Marriage Act, 1872,
the Minister of Religion on receipt of such notice must look into the matter of the said
prohibition before issuing the certificate55.

6. Solemnization of marriage- Under Section 25 of Indian Christian Marriage Act, 1872, the
marriage has to be solemnised after receiving the certificate in any manner as the Minister of
religion deems fit. Section 26 of Indian Christian Marriage Act, 1872, the certificate is deemed
to be void if marriage is not solemnized within two months.

A marriage can also be solemnized by a Marriage Registrar in any manner as he deems fit
under Section 51 of Indian Christian Marriage Act, 1872, after the certificate is issued and sent
53
Satya(Smt.) v. Teja Singh, AIR 1975 SC 105.
54
Id.
55
Fremantle Anne, Christian Marriage of the Papal Encyclicals, 235-236 (1956)
to different Marriage Registrars of different districts. Section 52 of Indian Christian Marriage
Act, 1872, the certificate is deemed to be void if marriage is not solemnized within two months56.

7. Registration of marriage- Under Section 54 of Indian Christian Marriage Act, 1872, after the
solemnization of any marriage, the Marriage Registrar present at such solemnization is required
to register the marriage in a marriage-register-book and in a certificate attached to the marriage-
register-book as a counterfoil. The entry of such marriage in both the certificates and the
marriage-register-book shall be signed by the person by or before whom the marriage has been
solemnized, Marriage Registrar even if he has not solemnized such marriage, both the parties and
two credible witnesses57.

Similarly, under Section 28 29 and 31 of Indian Christian act, 1872, the priest is required to
register the marriage in the same manner a Marriage Registrar does. Once the registration is
completed, the marriage is also completed.

PARSI LAW

The Parsi Marriage is also regarded as a contract though religious ceremony of Ashirvad is
essential for its validity. ‘Ashirvad’ literally means blessing, a prayer or divine exhortation to the
parties to observe their marital obligations with faith. Section 2 of Parsi Marriage and Divorce
act 1936 defines a Parsi as Parsi Zoroastrian, professing Zoroastrian religion. The Act provides
for solemnization of marriages between Parsis only and also provides granting of matrimonial
reliefs such as restitution of conjugal rights, judicial separation, divorce and nullity. There is no
reference to the requirement of domicile in the whole of the Act for any purpose58.

ceremonies exist which are observed prior to the marriage. They will be most likely spread over
several days. Ceremonies vary, and not all the rites described below may be observed in one
wedding. Other customs may also be included.

Prior to the marriage

Adrâvvûn

56
Supra Note 48.
57
Supra Note 55.
58
J. J. Modi, The Religious Ceremonies and Customs of the Parsees, Bombay, 1922
also known by the older name of Nâm pâdvûn

Presents of silver coins are prepared by the ladies of both the bride and bridegroom's families in
the homes of the marrying parties, each group going to the other's home. It is upon
this betrothal that the bride takes the name of her husband, even if the marriage does not later
occur. This betrothal is often performed quickly after a marriage is arranged59.

Divô

Two lamps are lit, one in each of the homes of the marrying parties. Once again the ladies travel
to the home of the other party and place a silver coin upon the lamp. It is at this occasion that
formal gifts are exchanged. This includes the exchange of wedding rings60.

Âdarni

The third day before the wedding, is regarded as the day for gift exchanging. On this day the
groom's family visits the bride's home to present her with all the gifts like clothes and jewelry.
The ritual is known as Adarni. The bride herself may also go over to the groom's home for this
tradition but the groom cannot do the same. The relatives, neighbors and friends are treated to a
traditional meal of sev and dahi, boiled eggs and bananas61.

The marriage

Auspicious days, such as new moon day or Hormazd, the first day of the Parsee month, are
generally favoured for the wedding ceremony, coming on the fourth day of festivities. The first
day of these is known as mândav-saro, when a twig of a tree, generally a mango-tree62, is planted
near the door, symbolic of a wish for fertility. This is followed by two Varadh-patra days when
religious ceremonies in honour of the dead are performed.

With the marriage ceremony occurring in the evening of the fourth day the bride and bridegroom
will have prior taken baths, known as nân. The marriage must be performed in front of an

59
The Parsi Marriage And Divorce Act Archived June 6, 2007, at the Wayback Machine.
60
Id
61
Supra Note 58
62
Hastings 2003, p. 455
assembly of witnesses, the Parsi Marriage and Divorce Act requires at least two witnesses as
well as the priest.

The ceremonial dress of the Parsees is the Jâmâ-pichhoir of which the bride wears a white
variety, with the bridegroom sporting the mark of a Kunkun on his forehead63.

A few hours before the ceremony a procession forms carrying gifts to the bridegroom's house,
usually accompanied by music. It then turns to the house of the bride where, typically, the
marriage occurs. The assembly, once seated, awaits the arrival of the groom who is greeted at the
door by the mother of the bride. Here a fresh Kunkun mark is placed upon his head.

During the ceremony rice is often used as a good luck symbol, with the bride and groom
sprinkling each other with cupfuls of rice. So as to remove any evil destined for the groom an
egg is passed round his head three times then thrown to the ground and broken, destroying the
evil with it. A similar ritual is then performed with a coconut, and then with a small tray of water
which is thrown to the ground64.

At a point during the evening the groom will dip his hand into a water-pot (var-behendoo) which
was part of the dowry. Into this pot he drops a silver coin, as a mark of appreciation for the gift.

When the bride and groom take their seats the groom sits to the right of the bride and they both
face east. Rice is placed on trays either side of the couple to be thrown while they recite their
benedictions. Candles, fire being an important symbol in the Zoroastrian faith, are placed either
side also65. The couple are flanked by a pair of witnesses, usually married relations. A curtain of
cloth separates the couple.

Two priests officiate. The couple are asked by the priests whether they consent to the marriage.
He then joins their hands, a custom known as Hâthevârô, "hand-fastening66". The senior priest
places the right hands of the couple into each other. Then a piece of cloth is passed round the
chairs of both and tied together enclosing them in a circle. The priest then fastens, seven times,

63
Supra Note 59
64
Id.
65
Id.
66
Upra Note 58
with raw twist their right hands which are grasped by each other. The prayer of Yatha Ahu
Vairyo is recited throughout.

The curtain is then dropped and the couple throw rice over each other, the first to do so is said to
"win".

The senior priest then blesses the couple by saying:

May the Creator, the omniscient Lord, grant you a progeny of sons and grandsons, plenty of
means to provide yourselves, heart-ravishing friendship, bodily strength, long life and an
existence of 150 years!

Various questions are then asked to the bride, groom and witnesses. Once they have replied,
affirming that they have entered into this with righteous mind the priest will recite admonitions
and benedictions. Then the couple symbolically eat from the same dish, a rite known as Dahi-
Koomro67. At the close of the ceremony, as well as at several junctures prior, nuptial songs may
be sung.

A wedding feast then occurs at which toasts are made to, God, the couple, the sacred fire
temples, the guests and the host. Fish, a symbol of good luck, is served

In Jamshed Irani v. Banu Irani,68. case it was held that the word “Parsi” as used in the Parsi
Marriage and Divorce Act includes not only the Parsi Zoroastrians of India but also the
Zoroastrians of Iran. Section 3 lays down requisites to validity of Parsi marriages. Sub-Section
(1) (a) lays that no marriage will be valid if the contracting parties are related to each other in
any of the degrees of consanguinity or affinity set forth in Schedule I. The marriage is
solemnized under Section 3 (1)(b) of Parsi Marriage and Divorce Act, 1936, according to the
Parsi form of ceremony called ‘Ashirvad’ by the Priest in the presence of two Parsi witnesses
other than the Priest himself. Section 3 (1) (c), as amended in 1988, fixes the age for marriage as
21 years for man and 18 years for the woman. Section 4 of the Act follows the policy of
monogamous marriages only and bars a Parsi spouse, even if he/she has changed his/her religion,

67
Supra Note 59
68
(1967) Mh.LJ 33: 68 Bom. LR 794 as Quoted by V.C. Govindaraja and C. Jayaram (eds), Lakshmi Jambholkar
Conflict of Laws - Nature & Scope, Non-Resident Indians and Private International Law, 141 (ILI Hope Indian
Publications, Gurgaon, 2008)
from remarrying except after the marriage is duly dissolved. However, Parsi law gives equal
treatment to both the sexes. The rights as well as remedies prescribed under Parsi law are equally
available to both husband and the wife69. Thus, it is radically different from Muslim law where
the wife has limited rights and remedies available to her as compared to the husband and is
replete with gender discrimination in favour of Muslim male as against the Muslim female.

Requisites to Validity of Parsi Marriages

No Parsi marriage shall be valid if :

1. The contracting parties are related to each other in any of the degrees of consanguinity or
affinity set forth in Schedule I; or

2. Such marriage is not solemnized according to the Parsi form of ceremony called
"Ashirvad" by a priest in the presence of two Parsi witnesses other than such priest; or

3. In the case of any Parsi (whether such Parsi has changed his or her religion or domicile or
not) who, if a male, has not completed 21 years of age, and if a female, has not completed
18 years of age. If a party to the marriage is under that age, the consent of the guardian
should be obtained.

Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any
child of such marriage who would have been legitimate if the marriage had been valid, shall be
legitimate70.

Certificate and Registry of Marriage

Every marriage contracted under this Act shall, immediately on the solemnization thereof, be
certified by the officiating priest in the form contained in Schedule II. The certificate shall be
signed by the said priest, the contracting parties and two witnesses present at the marriage; and
the said priest shall thereupon send such certificate together with a fee of Rs 2/- paid by the
69
Supra Note 58
70
Eliade, Mircea; Couliano, Ioan P. (1991), The Eliade Guide to World Religions, New York: Harper Collins
husband, to the Registrar of the place at which such marriage is solemnized71. The Registrar
enters the certificate in a register kept for the purpose and the register is accepted as proof of the
statements made therein.

Section 5 of Parsi Marriage and Divorce Act, 1936 makes Bigamy punishable. It states that every
Parsi who during the life time of his or her wife or husband, whether a Parsi or not, contracts a
marriage without his or her marriage with such wife or husband having legally been declared
null and void or dissolved, shall be subject to the penalties provided in Section 494 and Section
495 of Indian Penal Code 1860. The Parsi Marriage and Divorce Act 1936 is unique in that it
suggests a distinction between divorce and dissolution of marriage. The Act seems to have been
framed on two underlying principles: Nobody should be allowed to use conversion to another
faith for the purpose of defeating the provisions relating to monogamy in the law governing such
person at present72. A marriage essentially monogamous in its inception cannot become
polygamous by change of faith. Section 52 (2) provides that a Parsi marrying under 1865 or 1936
Act, even if he or she were to change his or her religion or domicile shall remain bound by the
provisions of the Act.

SPECIAL MARRIAGE ACT

The District Registrars and Sub Registrars are Marriage Officers as per the Act. The Special
Marriage Act extends to the whole of India except the state of Jammu and Kashmir and applies
also to citizens of India domiciled in the territories to which; this Act extends who are outside the
said territories73.

Solemnization of Special Marriages

A marriage between any two persons may be solemnized under this Act provided the following
conditions are satisfied. Namely: -

1. Neither party has a spouse living

2. Neither party is an idiot or a lunatic

71
Supra Note 70
72
Id.
73
Special Marriage Act (iloveindia.com)". Archived from the original on 2010-09-24
 3. The male must have completed the age of twenty-one years and female the age of
eighteen years.

4. The persons seeking to marry must not be within the degrees of prohibited relationship74.

Notice of Intended Marriages

Both the parties to the marriage should give notice in writing in the prescribed form to the
marriage officer of the district in which at least one of the parties to the marriage has been
residing for a period of not less than thirty days immediately preceding the date on which such
notice is given.

A fee of Rs 3 has to be paid for publication of notice. Notice will be published in the office of the
Marriage Officer of the district within whose jurisdiction each of the parties to the marriage is
permanently residing75.

The notice may be presented before the marriage officers by both parties in person or by
registered post. In the later case a fee of RS 3 for notice charge should be sent by Money Order.
The Performa for the notice is given separately. (Please see Notice of Intended Marriage)

Solemnization of Marriage

The marriage can be solemnized on expiry of 30 days after clearing objections if any filed. The
validity for the notice is 3 months. Before the solemnization of marriage the parties and three
witnesses in the presence of the marriage officer should sign declarations in the prescribed form.

The marriage can be solemnized in any form, which the parties may choose to adopt. The
marriages can be solemnized either with the office of the Marriage Officer or at such other place
within a reasonable distance as the parties may desire. A fee of RS 10 has to be paid for

74
Supra Note 73
75
The Special Marriage Act, 1954 (delhiadvocate.tripod.com)
solemnization. Certificate will be issued on stamp paper if RS 10 produced by the parties on
payment of Rs. 276-

Registration of marriages celebrated in other forms

These provision deals with the registration of marriages already are celebrated in forms other
than the special marriage Act.

The following conditions should be satisfied for the registration of marriages

1. The couple must have been married in some other forms and they must have been living
as husband and wife ever since such marriage.

2. Neither party has more than one spouse living.

3. Neither party is an idiot or lunatic.

4. The parties should complete 21 years of age at the time of registration.

5. Both the parties should reside within the jurisdiction of the Marriage Officer for a period
of 30 days77.

Marriage Registration

On receipt of application signed by both the parties and also after publication of notice the
marriage will be registered on the expiry of the notice period of 30 days. Certificate will be
entered in the certificate book and shall be signed by the parties to the marriage and three
witnesses.

A fee for RS 10/-has to be paid for registration. Certificate will be issued on stamp paper of Rs
10/- produced by the parties and payment of RS 2/-. Services rendered by the Society Registrar
(District Registrar)78.

76
Id.
77
Necessary conditions for a registered marriage (tax4india.com).
78
Id.