Introduction
The special marriage act 1954 deals with inter-caste and inter-religion marriage. This act is applicable in the whole of India except Jammu & Kashmir. The Special marriage act includes Hindus, Sikhs, Buddhists, Jains, Muslims, and Christian marriages. The act is applicable to Indian citizens as well s citizens living abroad.
The object of the act
The main object of the special marriage act is to address inter- religion & inter-caste marriages and to establish marriage as a secular institution without religious formalities.
Conditions of a valid marriage under the Special Marriage Act
The act specifies certain conditions for a valid marriage and they are as follows:
- Neither of the parties should have a living spouse.
- The age of the male must be 21 and the female must be 18.
- Both the parties should be capable of giving consent at the time of marriage.
- The parties should not fall within the prohibited degree as prescribed under the law.
The registration process in India
In India, all marriages are registered either under their personal laws, (such as Hindu Marriage Act or Muslim Marriage Act) or; under the Special Marriage Act 1954. The Special marriage act 1954 means to intend legal marriage between two individuals from two different castes or religions by registering their marriage under this act. When all the conditions of a valid marriage are complete then the parties shall:
- give notice to the Marriage Officer of their marriage in an area where one of them has been living for the last 30 days.
- anyone, having any problem with the marriage can file against it within a period of 30 days; after the period of 30 days, the marriage is permitted with 3 witnesses with their signature in the Registration of marriage.
- anyone, who believes that the marriage which has taken place does not fulfill the required conditions, can file an objection with the Marriage Officer and the officer can reject the marriage.
Grounds of Cancellation of the Registration under Special Marriage Act
- The marriage is Bigamous.
- Either party was Idiot or Lunatic at the time of marriage.
- The Ceremonies of the marriage are not valid.
- Either party has not attained the age as prescribed.
- Parties are within the ambit of prohibited degrees.
Difference Between Hindu Marriage Act 1955 & The Special Marriage Act 1954
- The Hindu marriage act is applicable to all the Hindus living in India, whereas the Special Marriage Act is applicable to all those irrespective of their race, religion, and caste.
- In the Hindu Marriage Act, the parties can solemnize the marriage first and then register their marriage. But in Special Marriage Act there is no Solemnization of Marriage.
- In Hindu Marriage Act, the registration of a marriage is not mandatory, it’s desirable & optional. Whereas in Special Marriage Act the registration of a marriage is mandatory in a prescribed time frame.
Conclusion
In India, Marriage is considered to be a holy union. India is a large country where there are different types of religions, customs and people live. Here, individuals are directed to marry within their position and anyone who marries out of their station and makes a hurdle to the general public is avoided. thus, the special marriage act 1954 came into effect, for individuals of the nation irrespective of their caste, rank, race, and religion. The one-of-a-kind aspect of this act is that any marriage solemnized in any other manner under any other law, Indian or International, between any two persons will be enlisted under this act.
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