Code: Section 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, the Marriage 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 within 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.
Explanation of Section 16 of the Special Marriage Act
Section 16 outlines the official procedure for registering a marriage under Section 15 of the Special Marriage Act. This process applies to couples who were married through other forms—such as religious or customary ceremonies—but wish to have their marriage legally registered under civil law.
Here’s how the process works step by step:
- First, both spouses must jointly sign and submit an application for registration to the Marriage Officer.
- Upon receiving the application, the Marriage Officer must issue a public notice. This notice is displayed in a prescribed manner—usually at the office or online.
- The law allows 30 days for the public to raise any legal objections to the registration.
- If no valid objections are raised—or if objections are resolved satisfactorily—the Marriage Officer will proceed to register the marriage.
- Finally, the Officer enters the details into the official Marriage Certificate Book using the format from the Fifth Schedule. Both parties and three witnesses must sign the certificate.
This process ensures transparency, legal compliance, and safeguards against fraudulent registrations.
Illustration
Example 1: Registration After 30-Day Notice Period
Ravi and Sneha apply to register their religious marriage under the SMA. The Marriage Officer issues a public notice. After 30 days with no objections, the officer confirms that all Section 15 conditions are satisfied. The marriage is then registered, and the couple, along with three witnesses, sign the certificate.
Example 2: Registration Delayed Due to Objection
Anil and Meena submit their application, but an objection is raised within the 30-day window. The Marriage Officer investigates and conducts a hearing. Once the objection is overruled, and conditions under Section 15 are confirmed, the marriage is registered.
Common Questions and Answers on Section 16 SMA
1. Why is a 30-day public notice required?
This waiting period ensures public transparency. It allows anyone with a legal reason—such as an existing marriage—to raise an objection.
2. What happens if someone objects during the 30 days?
The Marriage Officer will investigate the objection. If the objection is valid, registration may be denied. If not, the officer proceeds with registration.
3. Who can sign the marriage certificate?
Both spouses and three adult witnesses must sign the certificate in the Marriage Officer’s presence.
4. Is registration automatic after 30 days?
No. The officer must be satisfied that all conditions in Section 15 are met before registering the marriage.
5. What is the Fifth Schedule mentioned in this section?
The Fifth Schedule is a legal format prescribed in the Act. It standardizes the structure of the marriage certificate used for all registered marriages under this section.
Conclusion
Section 16 provides a fair and transparent process to register marriages that were performed in other forms but meet the legal conditions outlined in Section 15. The mandatory public notice period, coupled with a verification process, ensures that only valid and eligible marriages are legally recognized. This step adds legal weight and clarity to the couple’s relationship.
Need help understanding legal marriage procedures? Explore detailed guides at ApniLaw for expert insights and official templates.
