Inter-Religious Marriages In India: All You Need To Know About Related Laws

Civil marriages, also commonly called 'Special Marriages' or 'Inter-religious marriages' do not depend on the religion of the couple. Instead, the marriage happens under the Special Marriage Act, where couples practicing different faiths or religions, or those who want to get married without being subject to personal laws of any particular religion, have the right to get married in India.

To get married under this law, you need to know if you and your spouse are legally eligible to get married. For example, you should be over a certain age to be able to get married and you cannot have another living spouse from whom you have not been divorced.

What conditions do you have to fulfil for a valid inter-religious marriage?

Keep the following conditions in mind at the time of marriage:

Neither person has a living spouse

Both of you:

• Are capable of giving valid consent to the marriage, being of sound mind.
• Do not suffer from mental disorder(s) of such a kind that you are unfit for marriage and to have children.
• Have not been subject to recurrent attacks of insanity or epilepsy.
• The man should be at least 21 years of age and the woman is at least 18 years of age.
• You should not be within the degrees of a prohibited relationship with each other.

What about marriages governed by custom?

In cases where customs are involved for a person belonging to a tribe, community, group, or family, the state government can make rules governing these customs and the solemnization of marriage. This is not needed in cases where:

• Such customs have been continuously observed for a long time among the members.
• The customs or rules are not against public policy.
• The customs or rules are applicable only to a family and the family is still continuing the practice.

In cases where the marriage is solemnized in the State of Jammu and Kashmir, both people should be citizens of India living in the territories to which the Special Marriage Act extends.

What is the process of registering an inter-religious marriage under the Special Marriage Act?

Give notice to the Marriage Officer

To perform a marriage under the Special Marriage Act, the couple must give notice in writing to the Marriage Officer of the district in which at least one of them has lived for at least thirty days immediately before the date of the notice.

Upon receiving an application for marriage registration that both people have signed, the Marriage Officer will give public notice and allow thirty days for objections, and hear any objection received within that period.

The Marriage Officer will keep all such notices with their record and enter a true copy in a Marriage Notice Book, which is open for inspection at all reasonable times, without fee, by anyone.

The Marriage Officer will publish every such notice by attaching a copy to some noticeable place in their office. If one of the couples is not permanently living within their district, the Officer must also pass on a copy to the Marriage Officer of the district where that person is permanently living.

Sign a declaration of marriage

Before the marriage is performed, the couple and three witnesses must sign a declaration in the presence of the Marriage Officer. The Marriage Officer must also sign it.

Performance of Marriage and Marriage Certificate

When the marriage has been performed and all the conditions are fulfilled, the Marriage Officer will enter the details in a certificate in the Marriage Certificate Book. The couple and three witnesses will sign this certificate. The certificate will then be unquestionable evidence of a legal marriage.

How are inter-religious marriages solemnized?

There is no specific form or essential ceremony to solemnize a marriage under the Special Marriage Act. Still, there are two possibilities:

When you and your spouse do not want religious ceremonies:

The parties can choose not to perform any religious ceremony and merely register their marriage before the Marriage Officer. You can decide how to perform the marriage but you and your spouse have to say the following to each other: 'I, [your name] take thee [your spouse's name] to be my lawful wife/husband.' This has to be done in front of the Marriage Officer and three witnesses.

When you and your spouse want religious ceremonies for your wedding:

You can perform any religious ceremony (according to personal law) and then register your marriage under the Special Marriage Act. There is one condition: you and your spouse should have been living as husband and wife from the date of the ceremony until the date of registration.

Additional FAQs

Who is a Marriage Officer?

A marriage officer is a person appointed by the State Government after notification in the Official Gazette. The main duty of a marriage officer is to facilitate the registration and provide the certificate of marriage to the parties involved.

What happens when you register an inter-religious marriage?

A marriage that has been registered under the Act by a marriage officer will be entered into the Marriage Certificate Book and will be deemed to be a legitimate marriage under the Act. All the children born after the date of the ceremony will also be considered to be legitimate children.

How do you check the validity of or prove an inter-religious marriage?

The marriage certificate given to you by the Marriage Officer is proof of the validity of an inter-religious marriage.

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