>

COMPLETE PROCEDURE FOR MUSLIM SPECIAL/ CIVIL MARRIAGES IN TAMILNADU

COMPLETE PROCEDURE FOR MUSLIM SPECIAL MARRIAGES IN TAMILNADU Special Marriages are solemnized under the Special Marriage Act, 1954. Special Marriage can be performed between an Indian male and a female irrespective of their caste, religion or creed. It can also be solemnized between an Indian and a foreigner. The procedure of the Special Marriages does away with the rituals and ceremonies of the traditional marriages. The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate. ESSENTIAL CONDITIONS FOR SPECIAL MARRIAGE IN TAMILANDU • 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. PROCEDURE OF MARRIAGE WHEN BOTH PARTIES ARE MUSLIMS : • The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar 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. • The notice is then published/put-up by the Registrar of Marriage inviting objections, if any. • After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person. • The marriage may be solemnized at the specified Marriage Office. • Both parties along with three witnesses are required to be present on the date of registration/Solemnization. DOCUMENTS REQUIRED FOR SPECIAL MARRIAGE IN TAMILNADU • Application form 5A in the prescribed format with the prescribed fee • each 6 Passport Size Photographs of Marrying Persons • Adress Proof of Marrying Persons. • Date of Birth Proof of Marrying Persons. • Residential Proof and PAN Card of Three Witnesses • Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past. 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. DOCUMENTS REQUIRED FOR MUSLIM SPECIAL MARRIAGE: • Application form duly signed by both the parties. • Documentary evidence of date of birth of parties. • Residential proof of both the parties. • Five passport size photographs of both the parties] • Death certificate or divorce decrees whichever is applicable, in case one of the parties had any marriages in the past. REGISTRATION PROCEDURE: • The parties need to file a Notice of Intended Marriage in the specified form to the Marriage Registrar 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. • The notice is then published/put-up by the Registrar of Marriage inviting objections, if any. • After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person. • The marriage may be solemnized at the specified Marriage Office. • Both parties along with three witnesses are required to be present on the date of registration/Solemnization. SPECIAL MARRIAGE OF AN INDIAN MUSLIM AND A FOREIGN NATIONAL UNDER SPECIAL MARRIAGE ACT 1954 A marriage between parties one of whom at least is a citizen of India may be solemnized under Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country. ELIGIBILITY CRITERIA: • At least one of the parties should be an Indian citizen. • The bride groom must be 21 years of age; the bride must be 18 years of age. • Neither party has a spouse living, • Neither party is an idiot or a lunatic, • The parties are not within the degrees of prohibited relationship • Each party involved should not have any other subsisting valid marriage. DOCUMENTS REQUIRED: • Application form duly signed by both the parties. • Documentary evidence of date of birth of parties. • Copy of Passport of both the parties with valid Visa. • Residential Proof of both the parties. • Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO). • N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner. • Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past. REGISTRATION PROCEDURE: • 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 will be solemnized in registrar office and Marriage Certificate is entered and is granted by the Marriage Registrar. Also there are some Conflicts is existing in Laws of Special Marriages in Tamilnadu – Law commission India has made an Proposal to Resolve Certain Conflicts in Special Marriage Act, 1954 and the Foreign Marriage Act, 1969. Special Marriage Act 1954 in Tamilnadu: “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 section 21 shall not apply and so much of section 20 as creates a disability shall also not apply.” Since 1976, therefore, the position of succession in the case of civil marriages is as follows: (i) Where both parties to a civil marriage are Hindu, Buddhist, Sikh or Jain the Hindu Succession Act will apply. (ii) Where only one party is a Hindu, Buddhist, Sikh or Jain and the other party belongs to any other religion the Indian Succession Act will apply. (iii) Where a Muslim opts for a civil marriage, whether within or outside the Muslim community the Indian Succession Act will apply. 23(iv) Where a Parsi opts for a civil marriage, whether within or outside his community the general inheritance law under the Indian Succession Act will apply -- not the Parsi succession law as incorporated in that Act. (v) Where a Christian opts for a civil marriage, whether within or outside the Christian community, the Indian Succession Act will apply. Under the impact of the Marriage Laws (Amendment) Act 1976, thus, citizens of India opting for a civil marriage are classified into three categories, viz.: (a) Hindus, Buddhists, Sikhs and Jains marrying within these four communities; (b) Hindus, Buddhists, Sikhs and Jains marrying outside these four communities; and (c) All other citizens marrying either within or outside their respective communities. This seems to be an unreasonable classification as all personal laws have the same legal status in the country. The Muslims and Parsis give utmost importance to their personal laws of succession. The Muslim law of inheritance is drawn direct from the Holy Quran and therefore a predominant section of Muslims wants to adhere to it. The prospect of losing it in case they go in for a civil marriage greatly inhibits them and compels them to remain away from the Special Marriage Act 1954. The Parsis had got their religion- 24based law of inheritance codified in the form of the Parsi Succession Act 1865 which was, on their demand, preserved even under the new consolidating law called the Indian Succession Act 1925. For this reason no Parsi wants to make use of the Special Marriage Act 1954 as it would deprive them of their law of succession. There seems to be no reason why the Special Marriage Act 1954 should at all make a provision regarding succession law to be applied in case of civil marriages. Under the old Special Marriage Act 1872 parties to a civil marriage had to dissociate themselves from religion and so any community-specific law of succession could not apply in any such case. As this would create a vacuum, it was unavoidable to make the Indian Succession Act 1865 applicable to them. But, this is not the case under the new Special Marriage Act 1954 under which there is no need to renounce religion in any case of a civil marriage. So, succession to the properties of the parties may well continue to be governed by their respective personal laws, whether they belong to the same community or to two different communities – especially since in this country there is no concept of a married couple’s joint property. It may, of course, be made possible for any individual to opt for the Indian Succession Act 1925 irrespective of whether his or her marriage is a civil marriage or a religious marriage governed by a personal law. But the present linkage between civil marriages and the applicable law of succession serves no purpose. On the contrary, for certain communities it is a discouragement and a serious inhibition against opting for a civil marriage. In the light of all that has been said above we find that there is a pressing need to amend the Special Marriage Act 1954 and the Foreign Marriage Act 1969. With a view to addressing this need we make the following recommendations: 1. The word “Special” be dropped from the title of the Special Marriage Act 1954 and it be simply called “The Marriage Act 1954” or “The Marriage and Divorce Act 1954.” The suggested change will create a desirable feeling that this is the general law of India on marriage and divorce and that there is nothing “special” about a marriage solemnized under its provisions. It is in fact marriages solemnized under the community-specific laws which should be regarded as “special.” 2. A provision be added to the application clause in the Special Marriage Act 1954 that all inter-religious marriages except those within the Hindu, Buddhist, Sikh and Jain communities, whether solemnized or registered under this Act or not shall be governed by this Act. 3. The definition of “degrees of prohibited relationship” given in Section 2 (b) in the Special Marriage Act 1954 and the First Schedule detailing such degrees appended to the Act be omitted. Instead, it should be provided in Section 4 of the Act that prohibited degrees in marriage in any case of an intended civil marriage shall be regulated by the marriage law (or laws) otherwise applicable to the parties. 4. The requirement of a gazette notification for recognition of custom relating to prohibited degrees in marriage found in the Explanation to Section 4 of the Special Marriage Act 1954 be deleted. 5. The same provision in respect of prohibited degrees in marriage (as suggested in paragraph 3 above) be incorporated also into Section 4 of the Foreign Marriage Act 1969. The proviso to clause (d) of that Section and clause (a) of Section 2 of the Act be deleted. 276. All references to succession and joint family be removed from the Special Marriage Act 1954 and Sections 19, 20, 21 and 21-A of the Special Marriage Act 1954, dealing with succession and membership of joint family, be repealed. 7. A provision be inserted into the Indian Succession Act 1925 that any person whichever community he or she belongs to may, by a declaration on affidavit or by a written and duly attested will, opt for the application of this Act instead of the law of succession otherwise applicable to him or her. We have a considered opinion that these recommendations, if accepted and implemented, will go a long way in popularizing civil marriages and since all such marriages would be governed by the same law it will be a mighty step towards translating into action the ideal of uniformity in civil laws envisaged by Article 44 of the Constitution of India.

BASHA ASSOCIATES 
No.59,2nd Floor,
Moore Street,Parrys,
Chennai 600001(India).
(Behind parrys Building & B1 Police station, Next to BOHRA Masque)

Phone 044-42174033 , 90255 37111

Mail [email protected]

© 2015 Your Company. All Rights Reserved.
Designed and developed by www.jewebdevs.com