Civil marriage at home?

Question

Thanks to Vijay and the Delhi Govt. website I have most of the important information about civil marriage. I am now left with two questions:

1. Is it possible to solemnise a marriage (under Special marriage Act) at one's residence rather than in the marriage office? If so, what is the procedure?

2. After giving the notice of marriage and the mandatory waiting period of 30 days, can one choose the date of marriage? Or does the marriage office allocate dates? Also, if no objections rae raised in the 30 days, can one get married in the second month itself or is 60 days wait a must?

Will be grateful to all who can help me with these questions.

Answer 1

There is a clear provision in the Special Marriage Act, 1954 for the Place and form of solemnization under this Act. Section 12 of the Act provides: - Place and form of solemnization. - (1) The marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance there from as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.

(2) The marriage may be solemnized in any form which the parties may choose to adopt:

Provided that it shall not be complete and binding on the parties, unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties,- "I, (A), take thee (B), to be my lawful wife (or husband).       So what you wanted to know whether this marriage can be solemnized at the residence of either of the party or not, for that as provided under this provision if the residence is at a reasonable distance from the office of the Marriage Officer & upon such conditions and the payment of such additional fees as may be prescribed this can be arranged. However for giving the notice of mandatory one month both parties have to appear in person in the office of the Marriage Officer during the prescribed official time. As far choosing the date of marriage I do (after consulting with my clients/parties to marriage) inform the Marriage officer on the day of giving notice the date of marriage any date after the one month notice period but that date has to be within 3 months of giving of this notice, otherwise a fresh notice has to be given. So in short you can any where you like even at your residence but on certain conditions & payment with prior permission of the marriage officer & fix a date yourself for the marriage which should take place within 3 month from the date of giving notice,inform this date to the Marriage officer on the date of giving notice . The actual time of marriage, taking signatures & issuing of the certificate etc is hardly 10-15minutes & I don't think you cannot afford this much time for getting this thing done by a second visit to the Marriage Office? Think it over!

Answer 2

You need a lawyer in India to answer these questions.