Difference between Form 16 & Special Marriage

Form 16 Marriage Registration –

Section 16 of the Special Marriage Act prescribes the process of registration of marriage which is already solemnized. A couple which is already got married and wants to get a marriage registration certificate can apply for this process. Marriage registrar has to check following things once he receives any such application-

(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 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 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.

Special Marriage Registration –

Parties who are not married and want to register their marriage can directly apply for the registration under the Special Marriage Act. Before approving the registration the office checks things like, both parties should be major i.e. bride should be 18 years of age and groom should be 21 years, no parties should be married already, both parties should be getting married with their consents, etc. –

Procedure for Registration –

In both types of marriage registration, the process is the same

1. First Parties has to apply for the registration with all the necessary documents (this can be done online or offline),
2. Upon receipt of such application, the Registrar issues public notice for 30 days,
3. Registrar will wait for any objections for 30 days after issuing the notice,
4. After 30 days parties can visit the Registration office and get the certificate.

Outcome & Conclusion –

Whether the parties are already married or not once they get registered the rules of Special Marriage Act will be applicable on both parties since the date of the Registration.