Code: Section 3
(1) For the purposes of this Act, the State Government may, by 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.
Explanation of Section 3 of the Special Marriage Act
Section 3 of the Special Marriage Act, 1954 empowers the government to appoint officials known as “Marriage Officers.” These officers are responsible for solemnizing and registering marriages under the Act.
- Under sub-section (1), the State Government has the authority to appoint Marriage Officers for the entire state or specific regions within it. This appointment is made official through a notification in the Official Gazette.
- Sub-section (2) is specific to Indian citizens domiciled in areas under the Act’s jurisdiction but residing in Jammu and Kashmir. In such cases, the Central Government may appoint officers of its choosing to act as Marriage Officers in the State or any designated part of it.
This provision ensures that there are designated authorities to oversee the solemnization of marriages under the Act across all applicable territories, including special jurisdictions like Jammu and Kashmir.
Illustration
Example 1: State-Level Appointment
The Maharashtra government issues a notification in the Official Gazette appointing all Sub-Divisional Magistrates (SDMs) as Marriage Officers for the state. These SDMs are now authorized to register marriages under the Special Marriage Act.
Example 2: Central Appointment in Jammu & Kashmir
A couple domiciled in Delhi but currently residing in Jammu & Kashmir wish to get married under the Special Marriage Act. The Central Government notifies specific officers in J&K to act as Marriage Officers for such cases, allowing the couple to proceed legally.
Common Questions and Answers on Section 3 of the Special Marriage Act
1. What is a Marriage Officer under the Special Marriage Act?
A Marriage Officer is an official appointed by the government to solemnize and register marriages under the Act. They have legal authority to process applications and issue marriage certificates.
2. Who appoints the Marriage Officer?
- The State Government appoints them for state territories.
- The Central Government appoints them for Jammu & Kashmir or in situations involving Indian citizens domiciled elsewhere but residing temporarily in J&K.
3. Why is there a special provision for Jammu & Kashmir?
Due to the special administrative status and earlier legal differences in the region, the Act included a specific clause enabling Central Government appointments for consistent implementation across India.
4. Where is the appointment of Marriage Officers published?
All appointments are made official through notifications published in the Official Gazette.
5. Can Marriage Officers be challenged in court?
Only their actions or decisions (e.g., rejection of a marriage application) can be subject to judicial review, not their appointments if duly notified.
Conclusion
Section 3 of the Special Marriage Act, 1954 lays the groundwork for the lawful solemnization of civil marriages in India. By empowering both State and Central Governments to appoint Marriage Officers, it ensures nationwide implementation and access to civil marriage for Indian citizens, including those residing in Jammu & Kashmir.
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