Sections 13, 14, 15, 16 and 17 of the Special Marriage Act, 1954

Section 13. Certificate of marriage

Section 13 governs the statutory certificate issued after a marriage is solemnized under the Act. The Marriage Officer must enter the certificate in the Marriage Certificate Book, in the form set out in the Fourth Schedule. The parties and all three witnesses sign the certificate.

Under section 13(2), the certificate entered in that book is conclusive evidence that a marriage under the Act was solemnized and that the formalities concerning the witnesses' signatures were complied with. The certificate is therefore an important statutory record of the solemnization, although other legal disputes concerning a marriage may require judicial determination.

Section 14. New notice when marriage not solemnized within three months

Section 14 places a time limit on an intended marriage notice. If the marriage is not solemnized within three calendar months of the notice given under section 5, the notice and proceedings arising from it lapse.

Where an appeal was made under section 8(2), the three-month period runs from the district court's decision. Where the case record was transmitted to the Central Government under section 10, it runs from the Government's decision. A fresh notice in accordance with the Act is required before solemnization after the applicable period expires.

Section 15. Registration of marriages celebrated in other forms

Chapter III provides a separate route for registration of a marriage already celebrated in another form, as distinguished from the solemnization of a new special marriage under Chapter II. Section 15 covers marriages other than those solemnized under the Special Marriage Act, 1872, or the 1954 Act, subject to the statutory conditions below.

1. Prior ceremony and cohabitation: a marriage ceremony must have taken place, and the parties must have lived together as husband and wife ever since.
2. Existing spouse: neither party may have more than one spouse living at registration.
3. Capacity: clause (c) uses the historical statutory wording that neither party is an "idiot or a lunatic" at registration; these are the terms in the Act, not recommended contemporary terminology.
4. Age: both parties must have completed 21 years at registration. This is different from the 21-year male and 18-year female age conditions for solemnization under section 4.
5. Prohibited relationship: the parties must not fall within the prohibited degrees of relationship. For marriages celebrated before the Act commenced, the proviso preserves applicable law, custom or usage having the force of law that permits such a marriage.
6. Residence: both parties must have resided within the Marriage Officer's district for at least 30 days immediately before the registration application.

"Degrees of prohibited relationship" is defined in section 2(b) by reference to the First Schedule, including the relationships and explanations specified there.

Section 16. Procedure for registration

Under section 16, both parties must sign an application for registration under Chapter III. The Marriage Officer then gives public notice in the prescribed manner, allows 30 days for objections, and hears any objection received within that period.

Once satisfied that all section 15 conditions are met, the officer enters a certificate in the Marriage Certificate Book in the form of the Fifth Schedule. Both parties and three witnesses sign it. The prescribed notice process and documentary requirements should be checked under the rules applicable in the relevant State or Union territory.

Section 17. Appeals from orders under section 16

Section 17 gives a person aggrieved by a Marriage Officer's refusal to register a marriage under Chapter III a right to appeal to the district court within whose local jurisdiction the officer's office is situated. The appeal must be filed within 30 days from the date of the refusal order.

The district court's decision on that statutory appeal is final under section 17, and the Marriage Officer must act in conformity with it. This provision concerns refusal to register an already celebrated marriage; an objection to an intended marriage under Chapter II is dealt with separately by sections 7 and 8.

Relevant statutory forms and official resources

The Fourth Schedule prescribes the certificate for solemnization under section 13, while the Fifth Schedule prescribes the certificate for registration under section 16. The definitions, marriage conditions and notice provisions and objection and solemnization provisions should be read together with these sections.

For the official text, see the Special Marriage Act, 1954 on India Code (PDF) and the India Code Act record. Local registration procedures, forms and fees may also depend on the rules and directions applicable in the relevant jurisdiction.