Section 12 of The Special Marriage Act, 1954
- (1)The marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.
- (2)The marriage may be solemnized in any form which the parties may choose to adopt: Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties,-- "I, (A), take the (B), to be my lawful wife (or husband)".
Summary
- The couple can choose to hold their wedding ceremony at the office of the Marriage Officer or at any other place within a reasonable distance from there.
- If the couple chooses to marry at a private location, they must pay extra fees and meet specific prescribed conditions, which means conditions set by the official rules.
- The marriage can be performed in any form or ceremony the couple chooses to use.
- The wedding is not complete or legally binding unless both parties state a specific vow in front of the Marriage Officer and the three witnesses.
- The required vow requires each person to say that they take the other as their lawful husband or wife, spoken in a language they understand.
Practical examples
FAQ
1. Can a wedding under the Special Marriage Act, 1954 be solemnized at a private venue instead of the office under Section 12?
Yes, under Section 12 of the Special Marriage Act, 1954, the marriage can be solemnized at another place within a reasonable distance from the office, subject to prescribed conditions and additional fees.
2. What specific words must be spoken for a marriage to be binding under Section 12 of the Special Marriage Act, 1954?
Under Section 12 of the Special Marriage Act, 1954, each party must say to the other, I, A, take the B, to be my lawful wife or husband, in front of the officer and three witnesses.
3. Does Section 12 of the Special Marriage Act, 1954 restrict the language used for the solemnization vow?
No, under Section 12 of the Special Marriage Act, 1954, the binding vow can be spoken in any language understood by the parties.
Test yourself
Q1.Under Section 12 of the Special Marriage Act, 1954, where can the marriage be solemnized?
Q2.For a marriage to be complete and binding under Section 12 of the Special Marriage Act, 1954, what is the mandatory requirement during the ceremony?
Q3.Under Section 12 of the Special Marriage Act, 1954, what condition applies if the couple chooses to solemnize the marriage at a location other than the Marriage Officer's office?
Q4.Under Section 12 of the Special Marriage Act, 1954, in what language must the solemnization vow be spoken by the parties?