Special Marriage act, 1954
Introduction: –
India is a society of heterogeneous people, having different religions, cast or creed which dealt by their personal laws. Marriage is one of the main topics of the Indian Society as every religion has its own marriage laws like Hindu marriage act, Parsi marriage Act, and Christian marriage Act etc. The reason behind the existence of different laws for the marriage is that, the huge difference of rituals, traditions or customs of religions. People are bound to marry in their own community.
The personal laws create a restriction as it allows only intra caste marriages. The idea of Inter-caste marriages is still considered as a taboo in many places of the country and whoever marries out of their caste and traditional barriers are shunned from society. The inter-caste marriages also lead to the honor killings of the married girl and boy. Therefore, the need has been arisen for the law to protect and safeguard the interest of the people who want to marry out of their caste and religion. So in view of this Parliament had enacted the Special Marriage Act, 1954.
Objective: –
Special Marriage Act is the special legislation to provide the registration of special kind of marriages irrespective of any caste or religion. It also provides the procedure of divorce in the special marriages.
The main objective behind enacting the Special Marriage Act is to protect the choice of the people to get married according to their interest. As everyone has the right to live on their terms and no person can insist someone to follow the old age traditions which hinder a person’s liberty.
Applicability: –
The acts applicable to every state of India, except the state of Jammu and Kashmir. The Act covers marriages among Hindus, Muslims, Christians, Sikhs, Jains, and Buddhists. This Act extends not only to the Indian Citizens belonging to different castes and religions but also to the Indian nationals living abroad.
Conditions for the solemnization of marriage: –
Following conditions should be fulfilled for the solemnization of marriage under the Special Marriage Act, 1954:-
- No Living spouse.
- Capable of giving Valid Consent.
- The parties should be of sound mind.
- Neither of the party is suffering from any mental disorder of any kind to the extent that leads to unfitness for the marriage and procreation of children.
- The party should have completed the required age for the marriage. As for the boy, it is 21years and for the girl is 18 years.
- They should not be come under the prohibited relationship i.e. through the blood relations (exception: – if it allows in the custom of any of the parties then they can marry each other.)
The procedure followed:-
- Notice to the Marriage Registrar (Section5):- The intended parties will file a notice expressing their intention to marry, with the Marriage Officer of the district; in which at least one party has resided for at least 30 days prior filing of the notice.
- Record and publication of the Notice (Section 6): –
a. Firstly, The Marriage registrar shall keep the record of the notice in his office and enter the original copy of the notice in the Marriage Notice Book. The book shall be freely open for the inspection.
b. Moreover, after this, the marriage Registrar shall publish the notice by affixing a copy on the place of his office that is clearly visible by everyone.
c. However, where the party does not reside within the local limits of the district of the Marriage Officer with whom notice has been filed; then the marriage officer will transmit the copy to the Marriage Officer of the district within whose limits such party is permanently residing.
3. Declaration by parties and witnesses (Section 11):-
For the validation of the marriage, and before the solemnization of the marriage the parties with three witnesses; shall sign a declaration in the form, in presence of the Marriage Officer.
4. Place and form of Marriage (Section 12):– (i) The marriage may be solemnized at:-
a. Either, The office of the marriage officer, or
b. At the place where the party desired,
c. on such conditions and payment of such additional fee.
(ii) Moreover, the parties may choose any form of the marriage.
[Exception- the parties have to say these words, in any language as they understand: – “I (A) take thee (B), to be my lawful wife (or husband)”in the presence of the Marriage Officer and three witnesses. It is the requirement in the act and makes the marriage binding on both the parties.]
5. Certificate of Marriage (Section 13):-
(i) after the solemnization of the marriage, the marriage officer shall enter a certificate, in Marriage certificate book. The parties to the marriage and three witnesses will sign certificate.
(ii) Conclusive Evidence: – The Marriage Certificate shall be deemed to be a conclusive evidence of the fact that marriage has been solemnized under the Special Marriage Act, 1954; and all the formalities have been fulfilled.
Objection: –
(1) Section 7:-
a. Before the expiration of 30 days from the date on which notice has been published any person can raise the objection to marriage if it contravenes any condition of the marriage.
b. However, The nature of the kind of objection shall be recorded in the writing by the Marriage Officer in the Marriage Notice Book and shall be signed by him or on his behalf.
(2) Section 8 (Procedure on Receipt of Objection):-
a. within the 30 days of objection, The Marriage officer will make an inquiry till then he/she will not solemnize the marriage.
- Firstly, If the Marriage officer upholds the decision and refuses to solemnize the marriage, then any of the intended party within 30 days from the date of such refusal, can make an appeal to the District Court within whose local limits Marriage Officer has his/her office.
- Moreover, The decision of the District Court would be a Final decision and the Marriage Officer has to act in conformity with the decision.
(3) Section 9 (Powers of the Marriage Officer in respect of Inquiries):-
The Marriage Officer shall have all the powers vested in Civil Courts under the Code of Civil Procedure, 1908.
Following are the matters:-
(a) Firstly, summoning and enforcing the attendance of witnesses and examining them on oath;
(b) Secondly, discovery and inspection;
(c) Thirdly, compelling the production of documents;
(d) Also, reception of evidence on affidavits; and
(e) Lastly, issuing commissions for the examination of witnesses; and the law deems with any proceeding before the Marriage Officer to be a judicial proceeding within the meaning of Sec.193 of the Indian Penal Code(45 of 1960).
Moreover, The marriage officer has the power to impose costs ( not exceeding Rs.1000/-) on the person; who has not made the objection in Good Faith and is not reasonable.