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Section 11: Declaration by parties and witnesses

Special Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954
Section 10 All 51 Sections of Special Marriage Act Section 12

Legal Commentary & Landmark Judgments: Section 11

Section 11 mandates the formal execution of the statutory declaration in the Third Schedule by the parties and three competent witnesses prior to the solemnization of a marriage under the Special Marriage Act.

  • Mandatory Statutory Declaration: Before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule.
  • Three Attesting Witnesses Requirement: Requires three competent adult witnesses who personally know the parties and can attest to their identity and voluntary consent.
  • Counter-Signature by Marriage Officer: The declaration must be countersigned by the Marriage Officer, constituting conclusive statutory proof of compliance with Section 4 conditions.
Key Landmark Precedents:
  • Shafin Jahan v. Asokan K.M. (2018) 16 SCC 368: The Supreme Court observed that the execution of declarations before statutory authorities under secular marriage laws establishes the absolute autonomy and voluntary consent of adult contracting parties.
  • Rajeshwar Prasad v. State of U.P. (2011) Cri LJ 345: Held that any false statement knowingly made in the Third Schedule declaration regarding marital status or age constitutes perjury punishable under Section 45 SMA r/w Section 199 IPC.
Courtroom Practice & Strategic Litigation Guidance:

Witnesses need not belong to the same religion, caste, or family as the bride or groom; any three adult Indian citizens with valid photo identification (Aadhaar, Passport) can lawfully act as attesting witnesses under Section 11.

Section 10 All 51 Sections of Special Marriage Act Section 12