The Special Marriage Act of 1954 is an Act of the Indian Parliament enacted to grant a special form of marriage to the people of India and to all Indian nationals in other countries, irrespective of their religion or faith followed by any party. Special Marriage Act can apply in both inter-caste and inter-religion marriages.
Special Marriage Act, 1954: Inter-Caste and Inter-Religion Marriage Act
The Special Marriage Act, 1954 has 3 major objectives:
1. To provide a special form of marriage in certain cases,
2. To provide for registration of certain marriages and,
3. To provide for divorce.
Applicability
- Inter-religion marriages are performed under this Act.
- Any person, irrespective of religion.
- Buddhists, Jains, Hindus, Muslims, Sikhs, Christians, Jews or Parsis can also perform marriage under the Special Marriage Act, 1954.
- This Act is applicable to, the entire territory of India, spouses who are both Indian nationals living abroad.
- Indian national living abroad.
Requirements
- Marriage does not involve parties unless each party, in the presence of the marriage officer and three witnesses, says, "I, (A), take thee (B), to be my lawful wife (or husband)"
- The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements.
- Both parties must submit a marriage notice to the District Registrar of Marriages in the prescribed form, in which at least one of the parties to the marriage has resided there no later than thirty days prior to the date of notice.
- Within thirty days from the date of publication of the Notice of Marriage, if any person has not objected to the marriage, the marriage may be solemnised.
- The marriage may be solemnised at the specified Marriage Office.
Conditions for marriage
- The parties should not fall within the degree of prohibited relationship.
- The parties must be competent in their mental capacity to give valid consent to the marriage.
- Each party involved must not have another legally valid marriage. In other words, the resulting marriage should be a monogamous affair for both parties.
- The bride must be at least 18 years old and groom must be at least 21 years old.
- The Court Marriage is a union of two souls, where under the Special Marriage Act - 1944, an oath ceremony is administered by the Registrar of Marriages in the presence of three witnesses, after which the Government-appointed Marriage Registrar issues India's court marriage certificate directly. To be clear, marriage has been solemnised between a man and a woman before the court of law.
