What is the role of SDM (Sub-Divisional Magistrate) in court marriage?

Answer By law4u team

Role of SDM in Court Marriage A court marriage is a marriage solemnized under the law by a government authority, without the need for a religious ceremony. In modern India, the Sub-Divisional Magistrate (SDM) plays a pivotal role in this process as the authorized marriage officer. The SDM’s role combines administrative responsibilities with quasi-judicial powers, ensuring that the marriage is legally valid, documented, and free from coercion or legal defects. 1. Receiving the Marriage Application The process begins when a couple submits a notice of intended marriage to the SDM of the sub-division where at least one of the parties has resided for a legally prescribed minimum period (usually 30 days) before the notice. The notice includes: Full names and addresses of both parties Ages and proof of age (birth certificate, school certificate, or government ID) Marital status (confirming that neither is already married) Identity proofs (Aadhaar card, passport, or voter ID) Consent of the parties The SDM’s office receives and records this notice, officially initiating the court marriage process. This step is crucial because the SDM must ensure that the legal framework is followed from the very beginning. 2. Verification of Eligibility After receiving the notice, the SDM undertakes detailed verification of the eligibility of both parties. This is one of the most important functions because it ensures that the marriage does not violate the law. Key aspects verified by the SDM include: Age requirements: As per BNS provisions, the minimum age for marriage is 21 years for men and 18 years for women. The SDM carefully checks the birth certificates or other valid documents. Marital status: The SDM ensures that neither party is already married. This protects against bigamy and validates the legality of the marriage. Consent: Both parties must provide free and informed consent. The SDM may speak to the couple personally to ensure there is no coercion. Prohibited relationships: The SDM ensures that the couple is not related within the prohibited degrees of blood relations (like siblings, close cousins, etc.) or adoption-related restrictions. The SDM may also check for any legal restrictions, such as pending criminal charges, which could affect the validity of the marriage if they pertain to coercion or fraud. 3. Publication of Marriage Notice Once the SDM is satisfied with the documents and eligibility, the office publishes a public notice of the intended marriage. This notice is typically displayed at the SDM office and sometimes on official online portals. The notice remains open for a 30-day period, giving the public an opportunity to raise objections if they know of any legal impediment to the marriage. This period acts as a safeguard, preventing unlawful marriages or those that could later be challenged on grounds like underage marriage, existing marriages, or prohibited relationships. The SDM’s role here is quasi-judicial: they must balance transparency with confidentiality, ensuring that objections are legitimate and not based on personal bias or discrimination. 4. Handling Objections If any person submits an objection during the notice period, the SDM investigates it carefully. This investigation can involve: Verifying the truth of the objection Asking for supporting evidence Holding informal hearings with the couple and the objector Based on the investigation, the SDM may: Allow the marriage to proceed if the objection is found invalid or baseless Delay or temporarily stop the marriage if further inquiry is needed Reject the marriage if the objection proves a legal impediment, such as one party being underage or already married This is a critical function because the SDM acts as a guardian of legal compliance, ensuring that the marriage is fully lawful. 5. Conducting the Marriage Ceremony Once the notice period expires and no valid objections remain, the SDM conducts the marriage ceremony in the office. Key aspects of the ceremony include: Both parties must appear in person along with at least two witnesses The SDM records the formal declaration of consent from both parties, ensuring it is free and voluntary The ceremony is primarily administrative and legal; no religious rituals are necessary The SDM signs the marriage register, making the marriage official and legally binding The SDM ensures that the ceremony is conducted according to law and that all necessary formalities are observed. 6. Issuance of Marriage Certificate After solemnizing the marriage, the SDM issues an official marriage certificate, which is a primary legal proof of marriage. The certificate issued by the SDM is essential for: Government documentation (passport, PAN, etc.) Legal rights related to inheritance, property, and maintenance Access to social welfare benefits under BNSS or other modern schemes The SDM’s signature on the certificate makes it a legally recognized document that is difficult to dispute in any court. 7. Administrative and Legal Oversight Beyond the procedural steps, the SDM also acts as a legal safeguard for marriages under the BNS framework: Maintains accurate records of marriages within the sub-division Ensures compliance with modern legal standards, including gender equality, consent, and adult age Provides guidance and clarification to couples regarding legal rights and obligations May coordinate with other government departments for verification of documents or legal history Effectively, the SDM bridges the administrative, legal, and social aspects of court marriages. Their role ensures that marriages are lawful, transparent, and protected against future disputes. Conclusion The Sub-Divisional Magistrate is not just an administrator but a quasi-judicial officer in the process of court marriage. Their responsibilities span: 1. Receiving and verifying applications 2. Checking eligibility and consent 3. Publishing notices and managing objections 4. Conducting the legal ceremony 5. Issuing the marriage certificate Through these steps, the SDM ensures that the marriage is fully compliant with modern Indian laws under BNS/BNSS, protecting the rights of the parties and maintaining social and legal order. In short, the SDM is the guardian of legal compliance in court marriages, combining administrative authority, legal oversight, and social responsibility.

Answer By Ayantika Mondal

Dear client, In a court marriage under the Special Marriage Act, 1954, the Sub-Divisional Magistrate (SDM) functions as the Marriage Officer for the concerned jurisdiction and plays a vital role in matters of Court Marriage. The SDM is responsible for receiving the notice of intended marriage under Section 5, ensuring that at least one of the parties has resided within the jurisdiction for at least 30 days, and entering such notice in the Marriage Notice Book. The SDM also facilitates the mandatory 30 – day notice period under Section 6, during which lawful objections may be raised by the public against such marriage mainly complying with the conditions mentioned under Section 4 of the Act, 1954. Further, the SDM is empowered to inquire into objections received under Section 7 and to decide whether such objections are valid or not within 30 days from the date of such objection under Section 8 of the Act. On being satisfied that all statutory conditions under Section 4 are fulfilled and that no lawful objections exists, the SDM solemnizes the marriage under Section 12 in the presence of three witnesses and subsequently registers the marriage by issuing a Marriage Certificate under Section 13, which serves as conclusive proof of a valid court marriage. I hope this answer was helpful. For further queries, please do not hesitate to contact us. Thank you.