Section 15 of SMA : Section 15: Registration Of Marriages Celebrated In Other Forms

Bare Act

Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872 (3 of 1872), or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:

• (a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;
• (b) neither party has at the time of registration more than one spouse living;
• (c) neither party is an idiot or a lunatic at the time of registration;
• (d) the parties have completed the age of twenty-one years at the time of registration;
• (e) the parties are not within the degrees of prohibited relationship: Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and
• (f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

Simplified Act

If you're married but didn't have a wedding under the Special Marriage Act of 1872 or the current Special Marriage Act, you can still register your marriage if you meet certain conditions:

• (a) You had a wedding ceremony and have lived together as a couple since then.
• (b) At the time of registering, neither you nor your partner should be married to someone else.
• (c) Both you and your partner must be of sound mind when you register.
• (d) You both must be at least 21 years old when you regis...

Explanation using Example

Imagine a couple, Rahul and Anjali, who had a traditional Hindu wedding ceremony in India in 2010. Since their wedding, they have lived together as husband and wife. In 2023, they decide to give their marriage a legal recognition under the Special Marriage Act for various personal and legal benefits, like easier documentation processing for visas or joint property ownership.

Before they can register their marriage, they must meet certain conditions:

• They have been married in a ceremony and have lived together since then.
• Neither Rahul nor Anjali has another spouse living, ensuring they are in a monogamous relationship.
• Both are of sound mind and not suffering from any mental disorder.
• They are both over twenty-one...