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special marriage act registration in Bangalore

2 years 3 weeks ago - 2 years 3 weeks ago #910 by azoxon
One of my friend belongs to Hyderabad and he is an Christian and he wish to marry an Muslim girl . He is working in Australia and She is working in It company in Bangalore.
Both belongs to other state and they wish do do register marriage in Bangalore.
Let me know the procedure for inter religious marriage in Bangalore.
I heard that inter religious marriage has to be registered under special marriage Act 1954 only.
If yes, Any local address proof is needed for special marriage Act registration.
he is coming for 7 days leave. is there any possibility to complete the marriage registration in a week time.

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2 years 2 weeks ago - 2 years 2 weeks ago #922 by batcha
Special Marriage Act Procedure in Bangalore,Karnataka

Except Hindu marriage, all marriages has to be registered only under Special Marriage Act Procedure in Bangalore,Karnataka

Local address proof is mandatory for Special Marriage Act registration in Bangalore,Karnataka

Special Marriage Act was passed in 1954 and it focuses on providing a special form of marriage for people of India and Indian nationals in foreign countries, without considering the religion or faith followed by the bride and the groom. This act came in to solve the inadequacy issues found in Act III of 1872. The reformation of the Act III gave way to the Special Marriage Act.

The act has three major objectives.

To provide a special form of marriage in certain cases,

To provide for registration of certain marriages and

To provide for divorce

The Special Marriage Act does not have conditions on religions or region.

The applicants can

Be following any religion

Be a follower of Indian religions like Hinduism, Buddhism, Jainism, Sikhism

Be following religions of foreign origin like Islam, Christianity and Parsi or Jewish religions.

Be of different castes and communities

Reside at any Indian territory(except Jammu and Kashmir)

Be Indian nationals living abroad.

The applicants must follow all the criteria mentioned below.

Both the bride and the groom should have no other subsisting valid marriage.

The bride should at least be 21 years of age

The groom should have completed at least 18 years of age

Both parties should be mentally fit to the extent of being able to give valid consent for the marriage

The parties should not fall under the category of prohibited relationship

There are certain requirements for the procedure.

A notice of intended marriage must be filed by the parties in the specified form to the Marriage Registrar of the district where at least one of the parties has resided for a period of not less than 30 days before the date of filing the notice.

If there has been no objection from any person for the marriage until 30 days from the date of filing, then the marriage can be solemnized.

There are no ceremonial requirements for a marriage under this act.

The marriage has to be solemnized at the specified Marriage Office.

The marriage becomes a binding only if both the parties Made declaration in the presence of the Marriage Officer and three witnesses

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2 years 2 weeks ago #931 by batcha
Find The Special Marriage Act, 1954 for registration in Bangalore, Karnataka

(NO. 43 of 1954)

Note1: This electronic version of this statute is reproduced for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official gazette notifications.

2: The relevant proveniences on solemnization of marriage and filing of marriage are reproduced herewith for convenience. If you need full text you may consult THE HINDU MARRIAGE ACT, 1955

[9th October, 1954.]

An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.

Be it enacted by Parliament in the Fifth Year of the Republic of India as follows CHAPTERS.

Preliminary
Solemnization of Special Marriages
Registration of Marriages Celebrated in other Forms
Consequences of Marriage under this Act
Miscellaneous
Schedules
forms

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement - (1) This Act may be called the Special Marriage Act, 1954.

(2) It 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 in the State of Jammu and Kashmir].

(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions -In this Act, unless the context otherwise requires,-

(b) degrees of prohibited relationship a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship;

Explanation I. Relationship includes,

(a) relationship by half or uterine blood as well as by full blood;

(b) illegitimate blood relationship as well legitimate;

(c) relationship by adoption as well as by blood;

and all terms of relationship in this Act shall be construed accordingly.

1. 1st January, 1955, Vide Notification No. S.R.O. 3606, dated 17th December, 1954, Gazette of India, Extraordinary, 1954 Part II, s.3, page 2463.

Explanation II. - Full blood and half blood two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a Common ancestor but by different wives.

Explanation III. Uterine blood two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation IV In Explanations II and III, ancestor includes the father and ancestress the mother;

(d) district in relation to a Marriage Officer, means the area for which he is appointed as such under sub-section (1) or sub-section (2) of section 3;

(e) district court means, in any area for which there is a city civil court, that court, and in any other area, the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act;]

(f) prescribed means prescribed by rules made under this Act;

(g) State Government in relation to a Union territory, means the administrator thereof.

3. Marriage Officers. (1) For the purposes of this Act, the State Government may, by1 notification in the Official Gazette, appoint one or more Marriage Officers for the whole or any part of the State.

(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir, the Central Government may, by notification in the Official Gazette, specify such officers of the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof.

1. Government of Karnataka hereby appoints the District Registrars and the Sub-Registrars functioning under the Indian Registration Act, 1908 (Central Act 16 of 1908) to be marriage officers for the areas under their irrespective jurisdiction [Notification No. HD 1 CIM 59 dated 27-1-1959].

CHAPTER II
SOLEMNIZATION OF SPECIAL MARRIAGES
4. Conditions relating to solemnization of special marriages. - Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between 1[any two persons] may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely :

2(a) neither party has a spouse living;

(b) neither party -

(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(ii) though capable of giving a valid consent, 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; or

(iii) has been subject to recurrent attacks of insanity or epilepsy;

(c) the male has completed the age of twenty-one years and the female the age of eighteen years;

(d) the parties are not within the degree of prohibited relationship;

Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, not withstanding that they are within the degree of prohibited relationship; and

(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.

1. Section 1 & 4 - Marriage between foreign national and Indian - Whether the marriage can be solemnized of an Indian Citizen with a foreign national in India under the provisions of the Special Marriage Act, 1954. Held. A foreigner can get married in India with a girl of Indian Nationality under the provision of the Special Marriage Act 1954. Any two persons in India, where one of them or both of them are foreigners or both of them are Indians can enter into a form of marriage under the Act. [Vatsala & others vs. Sub-Registrar and Marriage Officer and others : Kar L.J. 1981 (1) 294.]

2. Section 4(a) states that marriage between any two persons may be solemnized under this Act if neither party has a spouse living. All that it says is that if either party has a spouse living at the time of marriage, the marriage can not be solemnized under the Act. (Paramenshwari Bai V. Muthojirao Scindia AIR 1981 Kant 40).

Explanation - In this section, Customs, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family.

Provided that no such notification shall be issued in relation to the members of any tribe, community, group of family, unless the State Government is satisfied -

(i) That such rule has been continuously and uniformly observed for a long time among those members;

(ii) that such rule is certain and not unreasonable or opposed to public policy; and

(iii) that such rule, if applicable only to a family, has not been discontinued by the family.

5. Notice of intended marriage - When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specific in the Second Schedule 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 thirty days immediately preceding the date on which such notice is given.

6. Marriage Notice Book and Publication - (1) The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forth with enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.

1(3) Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under section 5, the Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and the Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.

1. Channel of communication concerning notice of marriage between the marriage officer in India and abroad - procedure - In order to avoid delay in the display of such notices by missions abroad, marriage officer in India should forward such notices direct to the marriage officer in our missions abroad. [Government of India Ministry of external affairs Lr. No. T 435 (14) 64 dated 24-8-64, read with Govt. letter HD 12 CIM 66 dated 27-10-1964].

7. Objection to Marriage -(1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under subsection (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.

(2) After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of section 6, the marriage may be solemnized, unless it has been previously objected to under subsection (1).

(3) The nature of the objection shall be recorded in writing by the marriage officer in the Marriage Notice Book, be read over and explained, if necessary to the person making the objection and shall be signed by him or on his behalf.

8. Procedure on receipt of objection - (1) If an objection is made under section 7 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought to prevent the solemnization of the marriage or the objection is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from the date of objection for the purpose of inquiring into the matter of the objection and arriving at a decision.

(2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer shall act in conformity with the decision of the court.

9. Powers of Marriage Officers in respect of inquiries - (1) For the purpose of any inquiry under section 8, the Marriage Officer shall have all the powers vested in a civil court under the Code of Civil Procedure, 1908, (5 of 1908) when trying a suit in respect of the following matters, namely :-

(a) Summoning and enforcing the attendance of witnesses and examining them

on oath;

(b) Discovery and inspection;

(c) Compelling the production of documents;

(d) Reception of evidence on affidavits ; and

(e) Issuing commissions for the examination of witnesses;

and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code. (45 of 1860)

Explanation - For the purpose of enforcing the attendance of any person to give evidence, the local limits of the jurisdiction of the Marriage Officer shall be the local limits of his district.

(2) If it appears to the Marriage Officer that the objection made to an intended marriage is nor reasonable and has not been made in good faith he may impose on the person objecting costs by way of compensation not exceeding one thousand rupees and award the whole or any part thereof to the parties to the intended marriage, and any order for costs so made may be executed in the same manner as a decree passed by the district court within the local limits whose jurisdiction the Marriage Officer has his office.

10. Procedure on receipt of objection by Marriage Officer abroad :- Where an objection is made under section 7 to a Marriage Officer in the State of Jammu and Kashmir in respect of an intended marriage in the State, and the Marriage Officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government, and the Central Government, after making such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer who shall act in conformity with the decision of the Central Government.

11. Declaration by parties and witnesses - Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

12. Place and form of solemnization - (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 Marriage Officer and the three witnesses and in any language understood by the parties, - I, (A), take thee (8), to be my lawful

13. Certificate of marriage - (1) When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.

(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signature of witnesses have been complied with.

14. New Notice when marriage not solemnized within three months - Whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the Marriage Officer as required by section 5, or where an appeal has been field under sub-section (2) of section 8, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the Central Government under section 10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising there from shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.

CHAPTER III

Registration of Marriages Celebrated in Other Forms

15. Registration of marriages celebrated in other forms -Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872, (III 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 with 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.

16. Procedure for registration -Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, theMarriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received with that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

17. Appeals from orders under section 16 -Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.

18. Effect of registration of marriage under this Chapter : Subject to the provisions contained in sub-section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respect be deemed to be and always to have been the legitimate children of their parents :

Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.

CHAPTER IV

CONSEQUENCES OF MARRIAGE UNDER THIS ACT

19. Effect of marriage on member of undivided family :The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family.

20. Rights and disabilities not affected by Act - Subject to the provisions of section 19, any person whose marriage is solemnized under this 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.

21. Succession to property of parties married under Act -Notwithstanding any restrictions contained in the Indian Succession Act, 1925 (39 of 1925) with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if Chapter III of Part V (Special Rules for Pursi Intestate) had been omitted therefrom.

21A. Special provision in certain cases - Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu, Buddhist, Sikh or Jaina religion, section 19 and section21 shall not apply and so much of section 20 as creates a disability shall also not apply.

CHAPTER V

MISCELLANEOUS
43. Penalty on Married person marrying again under this Act- Save as otherwise provided in Chapter III, every person who, being at the time married, procures, a marriage of himself or herself to be solemnized under this Act shall be deemed to have committed an offence under section 494 or section 495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be void.

44. Punishment of bigamy - Every person whose marriages is solemnized under this Act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860), for the offence of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void.

45. Penalty for signing false declaration or certificate- Every person making, signing or attesting any declaration or certificate required by or under this Act containing a statement which is false and which he either knows or believes to be false or does not believe to the true shall be guilty of the offence described in section 199 of the Indian Penal Code (45 of 1860).

46. Penalty for wrongful Any marriage officer who knowingly and wilfully solemnizes a marriage under this Act-

(1) without publishing a notice regarding such marriage as required by section 5, or

(2) within thirty days of the publication of the notice of such marriage, or

(3) in contravention of any other provision contained in this Act.

Shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

47. Marriage Certificate Book to be open to inspection - (1) The Marriage Certificate Book kept under this Act shall, at all reasonable times, be open for inspection and shall be admissible as evidence of the statements therein contained.

(2) Certified extracts from the Marriage Certificate Book shall, on application be given by the Marriage Officer to the applicant on payment by him of the 1prescribed fee.

48. Transmission of copies of entries in marriage records :-Every Marriage Officer in a State shall send to Registrar - General of Births, Deaths and Marriages of that State at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the Marriage Certificate Book since the last of such intervals, and , in the case of Marriage Officers outside the territories to which the Act extends, the true copy shall be sent to such authority as the Central Government may specify in this behalf.

49. Correction of errors -(1) Any Marriage officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or in case of their death or alience in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration f the original entry and shall sign the marginal entry and add there to the date - alternated of such correction and the Marriage Officer shall make the like marginal entry in the Certificate thereof.

(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

(3) Where a copy of any entry has already been sent under section 48 to the Registrar - General or other authority, the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.

1. Stamp duty exempted to issue copy of extract certified to be true copy. Please see statutory exemption granted in Article 21 of the schedule to the Karnataka Stamp Act, 1957.

THE FIRST SCHEDULE

[See section 2(b) Degrees of Prohibited relationship]

PART - 1

1. Mother

2. Fathers Widow (Step-Mother)

3. Mothers mother

4. Mothers Fathers widow (Step grand-mother)

5. Mothers mothers mother

6. Mothers mothers fathers widow (Step great grand-mother)

7. Mothers fathers mother

8. Mothers fathers fathers widow (step great grand - mother)

9. Fathers mother

10. Fathers Fathers widow (Step grand-mother)

11. Fathers mothers mother

12. Fathers mothers fathers widow (step great grand-mother)

13. Fathers fathers mother

14. Fathers fathers fathers widow (step great grand-mother)

15. Daughter

16. Sons widow

17. Daughters daughters.

18. Daughters Sons widow

19. Sons daughter

20. Sons Sons widow

21. Daughters daughters daughter

22. Daughters daughters sons widow

23. Daughters sons daughter

24. Daughters sons sons widow

25. Sons daughters daughter

26. Sons daughters sons widow

27. Sons Sons daughter

28. Sons sons sons widow

29. Sister

30. Sisters daughter

31. Brothers daughter

32. Mothers sister

33. Fathers sister

34. Fathers brothers daughter

35. Fathers sisters daughter

36. Mothers sisters daughter

37. Mothers brothers daughter

Explanation :- For the purposes of this Part, the expression Widow includes a divorced wife.

PART - II

1. Father

2. Mothers husband (step-father)

3. Fathers father

4. Fathers mothers husband (step grand-father)

5. Fathers fathers father

6. Fathers fathers mothers husband (step great grand-father)

7. Fathers Mothers father

8. Fathers mothers mothers husband (step great grand-father)

9. Mothers father

10. Mothers mothers husband (step grand-father)

11. Mothers fathers father

12. Mothers fathers mothers husband (step great grand-father)

13. Mothers mothers father

14. Mothers mothers mothers husband (step great grand-father)

15. Son

16. Daughters husband

17. Sons son

18. Sons daughters husband

19. Daughters son

20. Daughters daughters husband

21. Sons sons son

22. Sons sons daughters husband

23. Sons daughters son

24. Sons daughters daughters husband

25. Daughters sons son

26. Daughters sons daughters husband

27. Daughters daughters son

28. Daughters daughters daughters husband

29. Brother

30. Brothers son

31. Sisters son

32. Mothers brother

33. Fathers brother

34. Fathers brothers son

35. Fathers sisters son

36. Mothers sisters son

37. Mothers brothers son.

Explanation :- For the purposes of this Part, the expression husband includes a divorced husband.

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2 years 2 weeks ago #932 by batcha
Find the SPECIAL MARRIAGE (KARNATAKA) 1 RULES, 1961

NOTIFICATION
No. HD. 13MCIM 59(1), dated Bangalore 2nd May 1961 (Vaisakha 12, Saka Era 1983).

In exercise of the powers conferred by Sec. 50 of the Special Marriage Act, 1954 (Central Act. 43 of 1954) the Government of Karnataka hereby makes the following Rules:-

1. 1) These Rules may be called the Special Marriage Karnataka Rules, 1961.

2) They shall extend to the whole of the State of Karnataka.

2. In these Rules :-

a. Act means the special Marriage Act, 1954 (Central Act 43, of 1954)

b. Form means a form appended to these Rules;

c. Section means a section of the Act.

3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.

4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.

(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be

1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.

bound volume, the pages of which are machine numbered consecutively with a nominal index attached. If the notice is not in conformity with the requirements of the Act, it shall be got rectified by the parties if they are present or returned to them by post for rectification and retransmission within a date to be fixed. Every item of rectification shall be attested by both the parties.

(4) The marriage officer may for purpose of satisfying himself that the parties of the intended marriage have attained the age specified in clause (c) of section, 4, require them to produce their Birth Certificate or other satisfactory evidence of age.

5) A true copy of the notice under the seal and signature of the Marriage officer shall be exhibited in a conspicuous place in his office.

6) (1) Where an objection to the solemnization of an intended marriage together with the fee prescribed in rule 10 has been received and recorded by the Marriage Officer, he shall, unless by an order in writing rejects the objection summarily on the ground that the objection is not based on contravention of any of the conditions specified in sec. 4, enquire into the objection on a day to be fixed by him. The day so fixed shall not be later than thirty days from the date of the objection.

(2) The Marriage officer shall, at the time of recording the objection, ascertain from the objector whether he has any documents on which he relies or whether he desires any witness or witnesses to be examined on his behalf. If the objector states that he has, the Marriage officer shall require the objector to produce the documents or the witnesses on the day fixed for the enquiry. If the objector desires that summons shall be issued to the witnessee to appear and give evidences or to produce any document, the Marriage officer shall issue such a summons to the witnesses cited, on payment of the process fee prescribed therefor in rule 10 and the reasonable expenses of travelling and subsistence allowance to the witnesses. The enquiry relating to the objection including the production of documents and the examination of witness shall be completed and the decision of the marriage officer arrived at within the period of thirty days specified in section 8. If, within the prescribed period the documents are not produced and the witnesses do not appear before the marriage officer, the marriage officer shall take a decision without waiting for the production of such documents or the appearance of such witnesses.

(3) The marriage Officer shall also give notice of the date and time fixed for the enquiry to the parties to the intended marriage.

(4) The notice or summons to any party or witness under this rule shall be in Form I or Form II, as the case may be and shall be sent by registered post therefor.

(5) On the date fixed for the enquiry or an any adjourned date, the marriage officer shall record in his own hand the evidence given in the course of the enquiry, his decision on the objection and the reasons therefor.

7) (1) An application under sec. 16 for the registration of a marriage celebrated in other forms shall be in Form III.

(2) Such application shall be presented to the Marriage officer by any one of the parties in persons or sent to him by registered post.

(3) Notice of the application under sub-rule [1] shall be given by the Marriage Officer by exhibiting a true copy thereof under his seal and signature in a conspicuous place outside his office. The notice also shall state that objections, if any, to the registration of the Marriage should be preferred by the objector in person orally or in writing to the Marriage Officer within thirty days from the date on which the notice is exhibited.

(4) Any objection received with in the said period together with the fee prescribed therefor in rule 10 shall be recorded and the enquiry in respect thereto made as nearly as possible in the manner prescribed in rules 6.

8) The Marriage Officer may, on application by both the parties to the marriage, solemnize the same at any place outside his office provided the additional fee prescribed therefor in rule 10 is paid and the hour is not unreasonable.

9) The Marriage Certificate Book shall be a bound volume the pages of which are machine numbered consecutively with a nominal index attached. Every marriage certificate entered therein during each calendar year shall be consecutively numbered and every authenticated copy of a certificate issued to the parties shall bear the number and the date, month and year in which the certificate was entered.

10) The following fees shall be levied by the Marriage Officer :-

Rs. ps
(i)
for every notice of intended marriage or application for the registration of a marriage (to be paid by the parties to the Marriage)

3-00
(ii) for recording an objection (to be paid by the objector) 2-00
(iii) for every enquiry into an objection (to be paid by the objector) 50-00
(iv)
for every notice and for every summons to a witness to appear and give evidence or produce a document [to be paid by the objector]

0-50
(v)
for solemnizing or registering a marriage [to be paid by the parties to the marriage]

10 - 00
(vi)
for a certified copy of an entry:-
a) in the Marriage Notice Book other than an entry relating to an objection; or
b) in the Marriage Certificate Book (to be paid by the applicant)



2 - 00

(vii)
for a certified copy of an entry in Marriage Notice Book other than a notice or any other proceeding not already provided for (to be paid by the applicant.

2 - 00
(viii)
for solemnizing a marriage at any place outside the office of the Marriage officer in addition to the fee in entry (v) (to be paid by the parties to the marriage)

Note:- This fee may be appropriated by the Marriage Officer no travelling allowances shall, however, be claimed in addition.



15 - 00

(ix)
for making a search (to be paid by the applicant):-
(a) If the entry is of the current year
(b) If the entry related to any previous year or years (for each such year)

The fees prescribed above shall be paid either in person or remitted by money order to the Marriage Officer.

A receipt duly signed by the Marriage Officer shall be issued for all fees received by him under the Act and the Rules. The receipt books shall be bound volumes of one hundred leaves each with folios and counter foils which shall be machine numbered consecutively. All money received by the marriage Officer except the fee mentioned in entry (viii) above shall be remitted into the local treasury.


0-50
1-00

11. Copy of entries in the Marriage certificate Book which Marriage Officer are required to send under section 48 to the Registrar-General of Births, deaths and Marriages shall be certified in Form IV and shall be sent at intervals of three months on or as early as possible after the 1st of January, April, July and October in each year. If no entries have been made in the book during the proceeding three months, a nil certificate shall be sent to the said Registrar General.

12. The Bombay Special Marriage Rules, 1955, as in force in the Bombay area, the Coorg Special Marriage Rules 1955 as in force in the Coorg District, the Hyderabad special Marriage Rules, 1955 as in force in the Hyderabad area, the Madras Special marriage Rules as in force in the Madras Area and the Mysore special Marriage Rules, as in force in the Mysore area, as hereby repealed :

Provided that the provisions of Section 6 of the General Clauses Act, 1897, (Central Act of 1897), shall be applicable as regards the effects of the repeal of the said rules:

Provided further that anything done or any Action taken under the said rules shall be deemed to have been done or taken under the corresponding provisions of these rules :

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2 years 2 weeks ago #937 by azoxon
I heard that local address proof is required for doing special marriage registration in Bangalore. But both are not belongs to Bangalore . Then how the marriage registration is possible under special marriage act in Bangalore. Is there any possible way to complete the registration within a week.?

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2 years 2 weeks ago #950 by batcha
Special marriage Act registration is always complicated and the procedure slightly will vary to one Marriage registrar to another.
So to help the Karnataka people to know the exact procedure about special marriage Act registration in Bangalore and Karnataka we have sought following information under Right to information Act:-

Sub : Following information required under Right to Information Act about marriage registration procedure in Bangalore, Karnataka ;

1. As of now, How many Marriage registration Acts are in force in Bangalore , Karnataka. What is the name of Acts and what the implementation date?
2. There is any compulsory marriage registration act in force in Bangalore , Karnataka ? If yes what is the name of Act?
3. What is the procedure and conditions for registering marriage under Hindu Marriage Act?
4. What is the documents required for Hindu marriage Registration?
5. What is the jurisdiction for registering marriage under Hindu Marriage Act ?
6. What is the jurisdiction for registering marriage under Special Marriage Act ?
7. What is the procedure and conditions for registering marriage under Special Marriage Act 1954 ?
8. Whether both bride and groom must present before sub registrar for filing notice under section 5/15 of Special Marriage Act ? If yes under which provision it is required?
9. Whether three witnesses must be present before sub registrar for filing notice under section 5/15 of Special Marriage Act ? If yes under which provision it is required? When the witnesses presence required?
10. What are all the documents will be accepted as proof of address for marriage registration in Bangalore , Karnataka .It will acceptable for all the marriage registration Act or it will differ Act to Act.
11. What are all the documents will be accepted as proof of age for marriage registration in Bangalore , Karnataka .
12. Whether the Bank passbook , Gas Bill, /Electricity card, Bank/Credit card statement , Rental/ Sale deed also will be accepted as proof of address? Reason, If any one will not be accepted.
13. Whether the pan card, Driving Licence and Voter Id will be accepted as proof of Age? Reason, If any one is not accepted.
14. For example, If the bride and groom belongs to Hindu religion and if they are not interested to do any customary marriage , what is the procedure for doing register marriage in Bangalore , Karnataka ? Under which act they have register their Marriage?
15. For example, If the bride belongs to Christian religion and groom belongs to Muslim religion and if they are not interested to do any customary marriage , what is the procedure for doing register marriage in Bangalore , Karnataka ? Under which act they have register their Marriage? What is the document requirements?
16. For example, If the bride belongs to Christian religion and groom belongs to Muslim religion and if they wish to do their marriage as per Christian religious law and customs , In this situation , what is the procedure for doing register marriage in Bangalore , Karnataka ? Under which act they have register their Marriage? What is the document requirements?
17. For example, If the bride belongs to Christian religion and groom belongs to Muslim religion and if they wish to do their marriage as per Muslim religious law and customs , In this situation , what is the procedure for doing marriage registration in Bangalore , Karnataka ? Under which act they have register their Marriage? What is the document requirements?
18. Is there any registration law existing in Karnataka to complete the Inter religious marriage registration on same day? If yes what is the name of Act?
19. How many Sub registrar offices located in Urban Bangalore and what is name and address of that sub registrar offices located in urban Bangalore?
20. How many Sub registrar offices located in rural Bangalore and what is name and address of that sub registrar offices located in rural Bangalore?
21. What is the timing for marriage registration in Sub registrar office in Bangalore , Karnataka
22. There is any separate registration law existing for registering Christian Marriages solemnized in Karnataka state ?
23. What is the age requirement for registering marriage under special marriage Act 1954.
24. Is the any bar or restrictions for other state peoples to get married and registering their marriage legally in Bangalore, Karnataka
25. What is the fee for Hindu marriage Act registration and how many marriage certificates will be issued after registration?
26. What is the fee for Special marriage Act registration and how many marriage certificates will be issued after registration?

So other state couples those who is struggle to get marry legally or struggle to know the register marriage procedure in Bangalore, Karnataka can post their doubts here.
It will enable to get more info from Karnataka registration department.

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