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An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. It contains the text of the Act, its arrangement of sections, definitions, procedures, consequences, jurisdiction and miscellaneous provisions.
An Act of the Parliament of India for secular civil marriage for people of any religion or faith, with registration and divorce provisions. Learn about its background, applicability, procedure, conditions, succession and judicial review.
- Introduction
- A Brief Overview of The Special Marriage Act, 1954
- Requirements
- Important Sections of The Special Marriage Act, 1954
- Conditions of The Special Marriage Act, 1954
- Changes with The Emergence of Special Marriage Act in India
- Special Marriage Act 1954 Application Form
- The General and Legal Understanding
- Difference Between The Hindu Marriage Act and Special Marriage Act
- Permanent Alimony and Maintenance
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Marriage has traditionally held a sacred place in Indian society, with people placing the union of two individuals as a couple on a very high pinnacle. Throughout history, the practice of marriage has accumulated so many norms and ethics that it has resulted in a union of two families rather than two individuals. When picking partners for marriage,...
As one of independent India’s most significant secular initiatives, the Special Marriage Act, 1954 was brought into the Indian legal system in 1954. The Act was intended to be a piece of legislation that controls weddings that could not be solemnised due to religious traditions. The Act applies to all Indian nationals, whether they live in India or...
Since Indians believe in marriages with proper rituals, customs, and ceremonies that include pomp and show & extravagant celebrations, none of them is required by the Special Marriage Act. The fundamental requirement under this Act for a valid marriage is the consent of both parties to the marriage. If both parties to the marriage are willing to ma...
Section 4of the Special Marriage Act, 1954addresses the numerous requirements for a lawful marriage. It specifies four basic requirements for a legitimate marriage: 1. It forbids polygamy and declares a marriage null and void if neither party had a spouse living at the time of the marriage. 2. The married partners must be in a sound state of mind. ...
Under the Special Marriage Act, 1954 of 1954, certain circumstances must be met before a marriage can be solemnised. These qualifications are outlined in Chapter II, Section 4. The prerequisites for this particular sort of marriage are not dissimilar to those for regular customary marriages and are fairly comparable to Section 5of theHindu Marriage...
Succession to the Property
Another important point that why every Indian should have knowledge of SMA (Special Marriage Act) is that the succession to the property of persons married under this act or any marriage registered under this act and that their children will be governed under the Indian Succession Act. But if the parties to the marriage belong to Hindu, Buddhist, Sikh, or Jain religions, then the Hindu Succession Act will govern the succession to their property. In 2006, India’s Supreme Court made it necessar...
Registration of Marriage under the Special Marriage Act in India
In India, all marriages can be registered either under their respective personal laws (Hindu Marriage Act, 1955/Muslim Marriage Act, 1954) or under the Special Marriage Act,1954. A marriage under the Special Marriage Act, 1954 enables people from two distinct religious backgrounds to unite in the marriage bond. Unlike personal laws, the Special Marriage Act’s applicability extends to all Indian citizens regardless of their religion. Although marriage laws allow only the registration of an alr...
Period of Objection
Any objections to marriage regarding age, consent capacity, incest, etc. may be addressed to the Marriage Officer within 30 days of the notice being published. The Marriage Officer is mandated to conduct an inquiry into its validity within a 30-day window period of time, during which the marriage can not be solemnized in case of any objections. If the marriage officer finds that the objection is valid and decides against the marriage of the parties concerned, the bride or groom may, within th...
Power of Enquiry
In receiving an objection, marriage officers are granted the following rights: 1. Summoning and enforcing witnesses’ attendance. 2. Examining the witnesses on oath. 3. Demanding documents to produce. 4. Demanding the evidence on affidavits. 5. Issue of commissions for the witness scrutiny.
Unreasonable Objections
If the marriage officer believes that the objection he/she has received is not reasonable and is not made in good faith, the person making the objection may be on the receiving end of objective costs of up to Rs. 1,000. The sum received will be awarded to the parties of the proposed marriage for this purpose.
The general understanding is that only marriages are sacred and auspicious which are done in one’s own caste, whereas the legal aspects of it as discussed above doesn’t make marriages any less sacred or valid under this act. Our Law, under its provisions, gives every citizen the right to marry and have a happy life with any person of their choice. ...
The Hindu Marriage Act only applies to the Hindus, whereas the Special Marriage Act extends to all Indian citizens. The Hindu Marriage Act was enacted in 1955 by the Parliament of India Act. The Hindu Marriage Act allows for an already solemnized marriage to be registered. It does not provide for Registrar for solemnization of a marriage. Parties t...
Any court exercising jurisdiction under the Special Marriage Act of 1954 may, at the time of the passing of any decree or at any time after the decree, order the husband to secure the wife’s maintenance and support, if necessary, by charge on the property of the husband, such gross sum or such monthly or periodic payment of money for a period of ti...
Learn about the Special Marriage Act, 1954, a secular law that allows inter-caste and inter-religious marriages in India. Find out the requirements, conditions, benefits, drawbacks, and judicial perspective of this act.
Mar 6, 2021 · The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.
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The Special Marriage Act, 1954 is a law that regulates the solemnization and registration of marriages in India. It applies to all persons who are not Hindus, Buddhists, Jains, Sikhs or Muslims, and who wish to marry under this act.
An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Find the act details, rules, regulations, notifications, orders, circulars, ordinances, statutes, sections, schedule, annexure, appendix and forms.
Jun 6, 2024 · Learn about the provisions, procedure, and challenges of the Special Marriage Act, 1954, which governs civil marriages in India. Read the recent MP High Court judgement on interfaith marriage under the Act and the Supreme Court's views on the right to marry a person of one's choice.
