Special Marriage Act

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A boy and a girl can get married under the Special Marriage Act only if they have crossed the age limit of twenty one and eighteen years respectively and do not have a living spouse. Also the mental state of both the parties has to be in proper state while giving consent for this type of marriage. It should also be noted that a boy and a girl who have a legitimate or an illegitimate blood relationship or have half blood (having a common ancestor but by different wives), full blood (of the same ancestor with the same wife) or uterine blood (common ancestress but different husbands) relationship can not opt for a marriage under the Special Marriage Act.

The boy and the girl need to give a written notice in a specific form that is available with the Marriage Officer. The notice is to be submitted in a district where one of the parties, the boy or the girl, has been living for at least thirty days immediately before the marriage notice has been submitted. A notice is also to be sent to the district of residence of either of the parties by the marriage officer.

A person has the right to object to the marriage before the expiry of the 30 days notice period but only on the basis that the parties have not been able to fulfill the clauses of the Special Marriage Act. If the Marriage officer upholds the objection then either of the parties can appeal to the District Court within a period of 30 days from the date of refusal.

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