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 marriage. In today’s blog post, we aim to shed light on the prevailing issues surrounding marriage, 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 HINDU MARRIAGE ACT, OF 1955?
The Hindu Marriage Act (HMA) of 1955 is legislation in India that governs the legal aspects of marriage for Hindus, Buddhists, Jains, and Sikhs. It provides guidelines for the conditions of a valid Hindu marriage, the ceremonies involved, registration requirements, and procedures for divorce, judicial separation, and annulment. The HMA aims to regulate and protect the rights and obligations of individuals belonging to these religious communities, ensuring the legality and validity of Hindu marriages throughout the country.
WHAT IS THE SPECIAL MARRIAGE ACT, OF 1954?
The Special Marriage Act is an Indian legislation that provides a legal framework for interfaith or inter-caste marriages. It was enacted in 1954 with the goal of facilitating marriages between individuals belonging to different religions, castes, or communities. The act allows couples to marry without regard to their diverse backgrounds and ensures that their union is legally recognized.
DIFFERENCE BETWEEN HINDU MARRIAGE ACT, 1955 (HMA) AND SPECIAL MARRIAGE ACT 1954 (SMA)
HMA refers to the Hindu Marriage Act, while the Special Marriage Act refers to the Special Marriage Act of 1954. Both acts are specific to marriage laws in India and govern the legal aspects of marriage for different religious and interfaith couples. Here are the key differences between the two:
- Applicability:
- Hindu Marriage Act (HMA): The HMA is applicable to individuals who are Hindus by religion, Buddhists, Jains, or Sikhs.
- Special Marriage Act (SMA): The SMA is applicable to individuals irrespective of their religion, including Hindus, Muslims, Christians, Sikhs, Buddhists, Jains, and those who do not profess any religion.
- Conditions for Marriage:
- HMA: Under the HMA, the conditions for marriage include both parties being Hindus, Buddhists, Jains, or Sikhs, and they should not fall within the degrees of prohibited relationship.
- SMA: The SMA allows marriage between individuals of different religions or those who do not profess any religion. It requires both parties to give notice of their intention to marry, which is publicly displayed for 30 days. During this period, objections can be raised, and the marriage can be solemnized if no objections are received.
- Ceremony:
- HMA: Hindu marriages under the HMA are typically solemnized through traditional Hindu ceremonies, such as the Saptapadi (seven rounds around the sacred fire).
- SMA: The SMA allows for a secular ceremony that does not necessarily adhere to any religious rituals. It can be performed in the presence of a marriage officer, and the parties have the freedom to customize the ceremony as per their preferences.
- Registration:
- HMA: Registration of a Hindu marriage is not mandatory in many states; however, it is recommended to register the marriage for legal purposes.
- SMA: The SMA mandates the registration of marriages. The parties need to submit a joint application to the marriage officer, who verifies the documents and registers the marriage.
- Divorce and Dissolution:
- HMA: The HMA provides provisions for divorce, judicial separation, and annulment of marriage specifically for Hindus, Buddhists, Jains, or Sikhs.
- SMA: The SMA incorporates provisions for divorce, judicial separation, and annulment applicable to all marriages registered under the act, regardless of religion.
CONCLUSION
The Hindu Marriage Act (HMA) and the Special Marriage Act (SMA) are two distinct legislations governing marriage in India. The HMA is applicable to Hindus, Buddhists, Jains, and Sikhs and primarily focuses on regulating marriages within these religious communities. On the other hand, the SMA applies to individuals of any religion, including Hindus, Muslims, Christians, Sikhs, Buddhists, Jains, and those with no religious affiliation. It enables interfaith marriages and emphasizes secular ceremonies and registration. The SMA also allows for objections to be raised during a notice period before the marriage is solemnized. In summary, the HMA pertains to specific religious communities, while the SMA is more inclusive, catering to individuals from diverse religious backgrounds
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 the Hindu Marriage Act, of 1955, and the Special Marriage Act, of 1954.
Written by: Adv. Priyanka Goel (D/945/2020) .