If you are stuck in such a situation, here is what to do.

Mr. Akash Verma, an IT professional working in Dubai, planned to marry his fiancée, Ms. Priya Singh, a resident of a small town in Uttar Pradesh, under the Special Marriage Act, 1954. When Ms. Singh approached the local Marriage Registrar’s office to understand the procedure, the staff seemed confused and could not provide clear guidance. They were informally advised by a local agent that the process would be complicated and expensive, involving a mandatory publication of their marriage notice in a local newspaper. To their dismay, they found a similar notice for another couple in a regional daily, which raised serious concerns about their privacy and the potential for unwanted family interference.

Advice in such cases

The situation faced by Mr. Verma and Ms. Singh is a common yet legally incorrect hurdle many couples face. The law has specific provisions for the notice of intended marriage, and newspaper publication is not one of them.

• Understand the Law: The Special Marriage Act, 1954, was enacted to facilitate marriages between individuals irrespective of their religion or faith. The procedure is designed to be straightforward.
• Challenge Illegal Demands: The requirement to publish a notice in a newspaper is not mandated by the Act. It is an extra-legal practice adopted by some marriage officers, which has been deemed an infringement of privacy by several High Courts in India.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The entire process is governed by the Special Marriage Act, 1954. The key sections are:

• Section 5: Conditions relating to solemnization of special marriages. This section lays down the eligibility criteria for the marriage, such as neither party having a living spouse, both being of sound mind, and meeting the age requirements (21 for males, 18 for females).
• Section 6: Notice of intended marriage. This section mandates that the parties to the marriage must give a written notice to the Marriage Officer of the district where at least one of the parties has resided for a period of not less than thirty days immediately preceding the date on which such notice is given. The notice is then entered into the ‘Marriage Notice Book’ and a copy is affixed to a conspicuous place in the officer’s office. There is no mention of newspaper publication.
• Section 7: Objection to marriage. This allows any person to object to the marriage within thirty days of the notice being published (on the notice board) on the grounds that it would contravene one or more of the conditions specified in Section 5.

If you are the complainant

If you are a couple intending to marry and are being forced to publish a newspaper notice, here are the steps you can take:

• Submit the Formal Notice: Draft your notice of intended marriage as per the format prescribed in the Act and submit it to the Marriage Officer.
• Politely Refuse Illegal Demands: If the officer insists on a newspaper publication, you can politely refuse and cite judgments from various High Courts (like the Allahabad High Court’s ruling in 2021) that have declared this practice illegal and a violation of the right to privacy.
• Seek a Written Order: If your application is being stalled or refused for not complying with this illegal demand, ask the Marriage Officer to provide the reason in writing. This written refusal can be used as evidence.
• Legal Recourse: If the officer refuses to proceed, you can file a writ petition before the High Court of your state, seeking a direction to the Marriage Officer to accept your notice and proceed with the marriage solemnization as per the law.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

In this context, the “victim” is the couple whose rights are being violated by the state machinery. If you are facing harassment or undue pressure:

• Document Everything: Keep a record of all your visits to the registrar’s office, the names of officials you interact with, and any demands made. If possible, communicate via email or written letters to have a paper trail.
• Do Not Succumb to Pressure: Do not agree to any illegal demands or pay any bribes to bypass the procedure. This only encourages such corrupt practices.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have no direct role in the procedure of registering a marriage under the Special Marriage Act. This is a purely civil matter handled by the Marriage Officer/Registrar. The police would only get involved if a criminal complaint is filed in relation to the marriage, for instance, if an objector threatens the couple with violence, or if one of the parties is found to have submitted forged documents. In the standard, lawful process of giving notice and solemnizing the marriage, there is no requirement for police verification or involvement.

FAQs people normally have

Is newspaper publication of the marriage notice mandatory?

No. It is absolutely not required under the Special Marriage Act, 1954. It is an illegal practice that has been struck down by courts.

Will the Marriage Officer send a notice to my parents’ address?

This is another controversial practice. While the Act only requires the notice to be displayed at the Marriage Officer’s office, some officers take it upon themselves to send notices to the permanent addresses of the parties. This has also been challenged in courts as a violation of privacy, but the practice persists in some places.

What if one partner lives abroad?

The law requires at least one of the parties to have resided in the district where the notice is filed for at least 30 days prior to giving the notice. The partner living abroad would need to come to India and fulfill this residency requirement in the chosen district before they can file the notice of intended marriage.

What evidence is required?

To file a notice for marriage under the Special Marriage Act, you will typically need the following documents for both partners:

• Application form duly signed by both parties.
• Proof of Date of Birth (Birth Certificate, Passport, Class 10 certificate).
• Proof of Residence (Aadhaar Card, Voter ID, Passport, Utility Bill).
• Passport-sized photographs of both parties.
• Affidavits from both parties stating their marital status (unmarried/divorced/widowed) and that they are not related to each other within the prohibited degrees of relationship.
• In case of a divorcee, a certified copy of the divorce decree. In case of a widow/widower, the death certificate of the deceased spouse.

How long will the investigation take?

There is no “investigation” in the criminal sense. The process involves a mandatory 30-day waiting period after the notice is published on the notice board of the Marriage Officer’s office. This period is provided for anyone to raise objections to the intended marriage under Section 7 of the Act. If no objections are received within these 30 days, the marriage can be solemnized on any day thereafter, within three months from the date of the notice.

Advocate Sudhir Rao, Supreme Court of India