APPLICABILITY, OBJECTIVES AND PURPOSE OF SPECIAL MARRIAGE ACT

INTRODUCTION

Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to Special Marriage Act. In today’s blog post, we aim to shed light on the prevailing issues surrounding Special Marriage Act, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.

WHAT IS THE SPECIAL MARRIAGE ACT?

The Special Marriage Act is legislation enacted in India that allows individuals from different religious backgrounds or different castes to solemnize and register their marriage.  It promotes social inclusivity, and equality, and provides a means for couples to exercise their right to choose their partners based on mutual consent while ensuring legal recognition and protection of their rights and obligations. The Special Marriage Act is applicable throughout the entire territory of India, including all states and union territories.

APPLICABILITY OF SPECIAL MARRIAGE ACT :

The act is primarily applicable in the following scheme :

1. Interfaith Marriages: When individuals belonging to different religions or faiths wish to marry each other, the Special Marriage Act provides a legal framework for solemnizing and registering their marriage.
2. Inter-caste Marriages: The act is also applicable when individuals from different castes intend to marry. It allows them to register their marriage and obtain legal recognition irrespective of their caste backgrounds.
3. Civil Marriages: The Special Marriage Act is an option for couples who prefer a civil marriage ceremony without any religious rituals. It provides a secular platform for individuals to marry based on their personal choices and beliefs.
4. Marriages with Foreign Nationals: The act also covers marriages between Indian citizens and foreign nationals. It allows them to register their marriage under Indian law and obtain legal validity.
5. Remarriages: The Special Marriage Act is applicable to individuals who have previously been married and wish to remarry. It provides provisions for divorce, separation, and maintenance in case of marital disputes.

OBJECTIVES OF THE SPECIAL MARRIAGE ACT :

The primary objectives of the Special Marriage Act can be summarized as follows:

1. Providing a secular marriage option: The act provides a secular alternative to traditional religious marriage laws in India. This ensures that couples have the freedom to choose their own form of marriage based on their preferences.
2. Ensuring equality and non-discrimination: The Special Marriage Act aims to uphold the principles of equality and non-discrimination by allowing individuals to marry irrespective of their religious beliefs or social backgrounds.
3. Simplifying the marriage registration process: The act simplifies the process of marriage registration by providing a single, unified procedure for all marriages falling under its purview.
4. Safeguarding individual rights and interests: The act includes provisions to protect the rights and interests of individuals entering into a marriage. It also enables couples to maintain their personal laws and customs even after marriage.

PURPOSE OF THE SPECIAL MARRIAGE ACT :

The key purposes of the Special Marriage Act include:

1. Legal Rights and Safeguards: The act confers certain legal rights and safeguards to the married couple, such as inheritance rights, succession rights, and the right to joint property. It also provides provisions for divorce, separation, and maintenance in case of marital disputes.
2. Prevention of Child Marriage: The act sets a minimum age requirement for marriage, ensuring that individuals cannot marry before attaining a certain age. This provision helps in curbing child marriages and protecting the rights of young individuals.

CONCLUSION

The Special Marriage Act applies to individuals seeking to marry across religious, caste, or community boundaries, providing them with a legal framework to solemnize and register their marriage while upholding the principles of secularism, equality, and individual autonomy.

We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Special Marriage Act, 1954. We have a website on which we publish blogs informing the litigants about the said laws. Draft a blog which can be published on our website…..

Written by: Adv. Priyanka Goel (D/945/2020) .