Special Marriage Act, 1954

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Special Marriage Act, 1954


28 April, 2023

Introduction

The Indian Constitution allows a special type of marriage for the people of India where they can marry irrespective of their religion or caste which is defined under the Constitution of India as the Special Marriage Act of 1954. The SMA was enacted by the Parliament into the Indian legal system in 1954. This law controls those marriages which are not intended to be solemnized due to religious traditions. SMA is known as the Special Marriage Act because it provides a unique marriage for those who are not interested in following traditional religious customs. In this type of marriage, there is no requirement of converting or rejecting one’s religion, unlike arranged marriages where two families should belong to the same community or caste. The Act provides, “a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.” SMA is applicable to all Indian citizens of all faiths such as Hindus, Sikhs, and Muslims along with the Jains, Christians, and Buddhists even the Non-Resident Indians (NRIs). Through this Act, legal recognition of the marriage is ensured as one can register their marriage which further provides various legal benefits to the couple including succession rights, social security benefits, and inheritance rights. Moreover, the Special Marriage Act is different from personal laws such as the Hindu Marriage Act, 1955 and the Muslim Marriage Act, 1954 as it enables marriage between inter-caste couples without converting the religion of the other before marriage. 

Essentials of a Valid Marriage under the Special Marriage Act

In Section 4 of the Special Marriage Act of 1954, certain essentials or conditions are required to be fulfilled in order to be eligible for marriage under SMA. In the absence of these prerequisites, the marriages would not be considered to have not been performed under this Act. 

  • The marriage is declared null and void if neither party has a living spouse (The act forbids polygamy) at the time of marriage. 

  • The parties involved in the wedlock should be of sound mind and should be able to take their own decisions. 

  • A party should not suffer from any type of mental disorder making him or her unfit for marriage as well as procreation of marriage.

  • The marriage is also declared null and void if both male and female have not reached the legal age of majority which is 21 for male and 18 for female. 

  • The parties should not be within the degrees of prohibited relationship.

Marriages performed by following all the mentioned prerequisites will only be lawful. 

 

Also Read: Women’s right to property under Muslim Law

Solemnization and registration of marriage: Procedure

The couples who wish to marry and register their marriage under the provisions of the SMA should follow the procedure mentioned in Section 16 of the Act. The marriage is solemnized by the Marriage Officer appointed by the Government rather than following any religious ceremonies. The procedure to follow is mentioned below:

  • A notice of intended marriage should be filed by the couple with the District Marriage Registrar who will further publish the notice in a prescribed manner.

  • Any objections if raised will be further investigated by the Marriage Registrar and if objections are found to be valid then the marriage will not process and vice versa. The registrar will ensure whether all the conditions/essentials of a valid marriage are satisfied or not.

  • If no objections are raised regarding the special marriage then the marriage is solemnized after the expiry of one month of the notice from the date of its publication.

  • After the solemnization of the marriage, the details of the marriage are registered by the Marriage registrar, and a certificate of the marriage is issued to the couple. The parties involved in the marriage and three witnesses will sign the certificate.

Void and Voidable Marriages

As per Section 24 of the Act, if any of the conditions for a valid marriage defined under this Act are not fulfilled then the marriage is declared null and void by a decree of nullity.


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