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Procedure on Receipt of Objection by Marriage Officer Abroad under the Special Marriage Act, 1954

If you are navigating the procedures under the Special Marriage Act, 1954, particularly regarding objections raised abroad, understanding the steps involved is essential. Here’s an in-depth exploration of the process:

Handling Objections Abroad: Detailed Procedure

1. Initial Objection Handling:

Objection Submission:
When an objection is lodged under Section 7 of the Act to a Marriage Officer in the State of Jammu and Kashmir concerning an intended marriage within the state, the initial handling falls under the jurisdiction of the local Marriage Officer.

Local Inquiry:
The Marriage Officer conducts an inquiry into the objection, seeking to ascertain its validity and relevance to the intended marriage.

2. Transmission to Central Government:

Doubt or Uncertainty:
If the Marriage Officer abroad harbors any doubt or uncertainty regarding the objection after their inquiry, they refrain from solemnizing the marriage.

Record Transmission:
Instead, the Marriage Officer compiles the complete record of the case, including all relevant statements and evidence, and transmits it to the Central Government.

3. Central Government's Role:

Inquiry and Decision:
Upon receiving the transmitted record from the Marriage Officer, the Central Government undertakes its own inquiry into the matter. This includes seeking advice and conducting further investigations as deemed necessary.

Written Decision:
Subsequently, the Central Government issues a definitive written decision regarding the objection. This decision is communicated back to the Marriage Officer abroad.

4. Compliance and Action: