Is family notified when we apply under Special Marriage Act?

Question

Hello,

I am Hindu adult male intending to marry a Muslim adult female. We are currently residing with our respective parents. We would like to get married without parent's knowledge since we do not have their consent.

We went to DC's office to submit application under Special Marriage Act. We had all paperwork ready. However the clerk said that registered letters would be sent within 5-10 days to our permanent residence (parent's residence) to notify them of our application in case they have any objection. Since we do not want our parents to know, this created an problem. So we decided not to apply that day and first check if this true.

Is this true that our residences would be notified of the marriage application? We don't want parents to know, so what should we do? I would be grateful for your help.

Thanks.

Also, I would like to add that we both are in India and it is not possible for us to fly abroad and get married. Thanks.

Answer 1

Yes not only a copy of the notice goes to the respective parents in on the permanent address mentioned in the notice made to the Marriage officer but even the court's bailiff from the Marriage office or Tehasil office of the district visit in person at the individual place of residence to check & confirm the place of residence . If you want to avoid this then mention a place of residence some where else & should have a proof of that in both the cases,otherwise this provision of checking the place of residence will definitely take place. Any how the parents of both of you cannot object for your marriage on the ground of your individual religion but only on the infringement of any of the conditions of such marriage which are :- Conditions relating to solemnisation of special marriage.-
Notwithstanding anything contained in any other law for the time being in force relating to the solemnisation of marriages, a marriage between any two persons may be solemnised under this Act, if at the time of the marriage the following conditions are fulfilled namely:

(a) Neither party has a spouse living:
(b) neither party-
(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind, or
(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(iii) has been subject to recurrent attacks of insanity or epilepsy;
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited relationship:

Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnised, notwithstanding that they are within the degrees of prohibited relationship: and
(e) where the marriage is solemnised in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.
Explanation- In this section, "customs, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family:
Provided that no such notification shall be issued in relation to the members of any tribes, community, group or family, unless the State Government is satisfied-

(i) that such rule has been continuously and uniformly observed for a long time among those members;
(ii) that such rule is certain and not unreasonable or opposed to public policy; and
(iii) that such rule is applicable only to a family, has not been discontinued by the family.
Any other objection raised by them will not be heard or effect the solemnisation of this marriage. Best of Luck.

Answer 2

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Answer 3

If you are both over 18 your best bet is to fly to Nevada and get married..... they ask no questions and what happens in Vegas stays in Vegas.......sorry about the pun but the info is very true!