Marriage under the Special Marriage Act

Introduction

The Special Marriage Act, 1954 provides for the inter-caste and inter-religion marriage. It provides for the provision of the special form of marriage for the people of:

(i) India and

(ii) all Indian nationals in foreign countries,

irrespective of the caste and religion they follow.

People in India follows a very rigid structure of the caste system. Therefore, the inter-caste is even today a taboo in our society.

One of the most secular measures taken by the Indian government is the solemnization of a marriage under the Special Marriage Act, 1954. The conditions applied to marriage under the said act are the same as mentioned in the Hindu Marriage Act, 1955 which are mentioned under Section 5 of the Act. The ‘Sapinda Relationship’ is an exception to these conditions.

Essential Conditions

Certain conditions are laid down regarding the solemnization of the marriage under this Act in Section 4 which is similar to those laid down in section 5 of the Hindu Marriage Act.

• The physical and mental capacities of the parties must be as per the section signifies.
• Neither of the parties should have spouses at the time of their marriage
• The age of the parties must be as per the law, i.e. 21 for the male and 18 for the female.
• The parties are not in the degree of prohibited relationship provided that the religion governing the parties permits of such a relationship.

Marriage in violation of the aforementioned conditions will be considered invalid and henceforth cannot be solemnized or registered.

The procedure of the Registration of Marriage under the Special Marriage Act

Any couple wishing to marry under this Act has to give a notice in writing to the District Marriage Officer. The notice has to be given where either one of the parties resides. The marriage is generally scheduled within three months from the date of issue of notice. The notice so received will be published in the office of the Marriage Officer. The notice will be displayed in a conspicuous place. A copy of the same must also be attached to a “Marriage Notice Book,” which could be inspected by anyone.

Any objections to the marriage, with respect to age, the capacity to consent, incest, etc, may be addressed to the Marriage Officer. The objections have to be raised within 30 days of the publication of the notice. In case of any objections, the Marriage Officer is mandated to conduct an inquiry into its validity within a window of 30 days, during which the marriage cannot be solemnized.

Procedure of Appeal

 If the Marriage Officer discovers that the objection is valid and decides against the marriage of the concerned parties. Then, the bride or groom may appeal to the District Court within thirty days of such refusal. If all the concerned objections are dealt with, the bride, groom, and any three witnesses need to sign a declaration in the presence of the Marriage Officer, who would then countersign it. In the absence of any objections, the marriage will be solemnized upon the cessation of the objection period.

If the Marriage Officer is of the opinion that the objection received by him/her is not reasonable and isn’t made in good faith. Then, the person who made the objection could be on the receiving end of objective costs of up to Rs. 1,000. The sum received for this purpose would be awarded to the parties of the proposed marriage. The marriage is solemnized either at the office of the respective Marriage Officer or some other places designated. As a ritual of legitimacy, every party is obligated to assent to the marriage in the presence of the Marriage Officer and the three witnesses.

Succession of Property

The concept of Succession of property under the Special Marriage Act deals with two provisions.

1. The succession to the property of persons married under this Act will be governed under the Indian Succession Act.
2. But, if the parties to the marriage belong to Hindu, Buddhist, Sikh or Jain religions, then the succession to their property will be governed under the Hindu Succession Act.

The marriage solemnized under the Special Marriage Act is as sacred and auspicious as performed under one’s own caste. It is necessary to know the laws related to it so that the crimes like honor killing, torture, etc. came to an end.