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

Mr. Alok and Ms. Priya, a couple from the city of Visakh Nagar, decided to get married through a civil ceremony. They approached the local sub-registrar’s office to file their application under the Special Marriage Act, 1954. Despite both being adults and fulfilling all the legal criteria, the officer on duty arbitrarily refused to accept their application. He improperly advised them to have a traditional religious ceremony first and then come back for registration, completely disregarding their right to a secular court marriage. This situation, where a public official oversteps their authority and denies a citizen their legal right, is unfortunately not uncommon but is entirely illegal.

Advice in such cases

Facing such a refusal can be disheartening, but it is crucial to handle the situation calmly and strategically.

• Remain Calm: Do not get into a heated argument with the official. Maintain your composure and politely ask for the reason for refusal in writing.
• Document Everything: Note down the date, time, and the name or designation of the official who refused your application. If possible, have a witness with you.
• Do Not Pay Bribes: Offering money to get your work done is illegal and can put you in more trouble. The law is on your side, and you should not have to resort to unlawful means.
• 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

Your right to marry under the Special Marriage Act is a statutory right, and a Marriage Officer cannot deny it without valid legal cause. The key provisions are:

• The Special Marriage Act, 1954: This Act was specifically created to enable any two persons to marry, irrespective of their religion, caste, or faith.
• Section 5 of the Special Marriage Act: This section deals with the ‘Notice of intended marriage’. If the conditions laid down in Section 4 of the Act are met (e.g., neither party has a living spouse, both are of sound mind, both have attained the legal age for marriage), the Marriage Officer is legally bound to accept the notice.
• Section 6 and 7 of the Special Marriage Act: These sections outline the procedure for publishing the notice and inviting objections. A refusal can only be based on a valid objection raised under Section 7, which must relate to the conditions specified in Section 4. An officer’s personal opinion or preference for traditional marriage is not a valid ground for refusal.
• Article 21 of the Constitution of India: The Supreme Court has repeatedly held that the right to marry a person of one’s choice is a fundamental right guaranteed under the Right to Life and Personal Liberty. An official’s arbitrary refusal violates this fundamental right.

If you are the complainant

When you are the one taking action against the illegal refusal, a systematic legal approach is required.

• Send a Legal Notice: The first step is often to have a lawyer send a formal legal notice to the concerned Sub-Registrar/Marriage Officer. The notice will detail the incident, cite the relevant laws, and demand that the officer accept the marriage application within a specified timeframe, failing which legal action will be initiated.
• Escalate to a Higher Authority: You can file a formal written complaint with the District Registrar or the Inspector General of Registration, who are the superior officers to the sub-registrar.
• File a Writ Petition: If the officer still refuses to comply, the most effective remedy is to file a Writ of Mandamus in the High Court. This petition asks the court to issue an order compelling the public official to perform their statutory duty. The High Court typically takes a very serious view of such matters and often passes swift orders in favour of the couple.
• 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

As the person whose rights have been violated, it’s important to know your standing and the immediate steps to take.

• Know Your Rights: Understand that the law is firmly on your side. An official cannot force you into a religious ceremony or deny your application based on personal bias. Your right to a civil marriage is protected by law.
• Organize Your Documents: Double-check that you have all the necessary documents in order (proof of age, address, affidavits, photographs, etc.). This ensures there are no legitimate procedural grounds for the officer to reject your application.
• Do Not Be Intimidated: Public officials are public servants, and their duty is to act according to the law, not their personal beliefs. Do not let their refusal deter you from exercising your legal rights.
• 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 role of the police in the marriage registration process itself is minimal, as it is a civil matter. However, they can become involved in related issues.

• No Direct Role in Registration: The police have no authority to interfere with or facilitate the marriage application process at the sub-registrar’s office.
• Role in Protection: If a couple faces threats, harassment, or intimidation from family members or any other group for choosing a court marriage, they can approach the local police for protection. The police are obligated to provide protection if there is a perceived threat to life and liberty.
• Enforcing Court Orders: If a High Court issues an order in a writ petition, it may also direct the local police to ensure the couple’s safety and to ensure that the marriage can be solemnized without any illegal interference.

FAQs people normally have

What evidence is required?

For a court marriage under the Special Marriage Act, 1954, you will generally need the following documents:

• Completed application form (Notice of Intended Marriage).
• Proof of age for both parties (e.g., Birth Certificate, Class 10th Marksheet, Passport).
• Proof of residence for both parties (e.g., Aadhaar Card, Voter ID Card, Passport, Rent Agreement).
• Passport-sized photographs of both parties.
• Affidavits from both parties stating their date of birth, marital status (unmarried/divorced/widowed), and that they are not related to each other within the degrees of prohibited relationship.
• In case of a previous marriage, a divorce decree or death certificate of the former spouse.
• ID proof of three witnesses who will be present at the time of solemnization.

How long will the investigation take?

There is no “investigation” in the criminal sense. The process involves a mandatory waiting period. After you submit the ‘Notice of Intended Marriage’, the Marriage Officer publishes the notice for a period of 30 days. This is done to invite any valid objections to the marriage. If no legally valid objection is received within this 30-day period, the marriage can be solemnized on the chosen date. If you have to file a writ petition in the High Court due to an officer’s refusal, the process can take a few weeks to a couple of months, depending on the court’s schedule, but these cases are often heard on a priority basis.

Advocate Sudhir Rao, Supreme Court of India