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REGISTRATION OF MARRIAGE IN CASE BOTH THE PARTIES BELONG TO DIFFERENT RELEGIONS:
The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is solemnized and registered irrespective of the religion, under the Special Marriage Act, 1954.
- The parties to the marriage shall give notice in writing in the form specified, 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 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
- All the documents are verified at the Office of Marriage Registrar.
- The law of other nation shall not be in conflict with Indian laws.
- The notice is then published inviting objection to the marriage, if any.
- If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.
- The marriage shall be solemnized in the presence of at least three witnesses.
- Further the Marriage Certificate is entered and is granted by the Marriage Registrar.
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ESSENTIAL CONDITIONS FOR COURT MARRIAGE
- There should not be subsisting valid marriage of either of the parties with any other person.
- The bridegroom should be of twenty-one (21) years and bride should be of eighteen (18) years of age.
- The parties should not be of unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
- The parties should not fall within the degree of prohibited relationship.
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