Section 15 of The Special Marriage Act, 1954
Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872 (3 of 1872), or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:--
- (a)a ceremony of marriage has been performed between the parties and they have .been living together as husband and wife ever since;
- (b)neither party has at the time of registration more than one spouse living;
- (c)neither party is an idiot or a lunatic at the time of registration;
- (d)the parties have completed the age of twenty-one years at the time of registration;
- (e)the parties are not within the degrees of prohibited relationship: Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and
- (f)the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.
Summary
- Couples who have already had a religious or traditional wedding ceremony can register their marriage under this civil law.
- For registration to be allowed, both partners must be at least twenty-one years old.
- Neither party can have more than one husband or wife living at the time of registration.
- Neither partner can be an idiot or a lunatic at the time of registration, which means they must have sound mental capacity.
- The couple must not be within the degrees of prohibited relationship, meaning too closely related by blood or adoption, unless a custom permits it for older pre-Act marriages.
- The couple must have been living together as husband and wife ever since their wedding and must have lived in the Marriage Officer's district for at least thirty days before applying.
Practical examples
FAQ
1. What is the age requirement to register a religious marriage under Section 15 of the Special Marriage Act, 1954?
Under Section 15 of the Special Marriage Act, 1954, both parties must have completed the age of twenty-one years at the time of registration.
2. Can we register our marriage under Section 15 of the Special Marriage Act, 1954 if we just moved to a new district yesterday?
No, under Section 15 of the Special Marriage Act, 1954, the parties must have been residing within the district of the Marriage Officer for at least thirty days immediately preceding the application.
3. Can a marriage solemnized under the Special Marriage Act, 1872 be registered under Section 15 of the Special Marriage Act, 1954?
No, Section 15 of the Special Marriage Act, 1954 explicitly excludes marriages solemnized under the Special Marriage Act, 1872 or under this 1954 Act from being registered under this Chapter.
Test yourself
Q1.Under Section 15 of the Special Marriage Act, 1954, what is the minimum age requirement for BOTH the husband and wife at the time of registering an already celebrated marriage?
Q2.Under Section 15 of the Special Marriage Act, 1954, what residency requirement must the parties satisfy before applying to register their marriage?
Q3.Under Section 15 of the Special Marriage Act, 1954, which of the following marriages CANNOT be registered under this Chapter?
Q4.Under Section 15 of the Special Marriage Act, 1954, what mental capacity condition is required of the parties at the time of registration?