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    Special Marriage Act

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    Adan Hooda
    The Special Marriage Act of 1954 provides a special form of marriage for people of any religion in India or Indians living abroad. It requires couples to file a notice of intended marriage within 30 days of the marriage date. After 30 days, there is a waiting period unless an objection is raised. The marriage can then be solemnized at the marriage office by stating vows in front of the marriage officer and three witnesses. To marry under this Act, both parties must be unmarried, the bride must be at least 18 and groom at least 21, and both must be mentally competent and not related within the prohibited degrees. Marriages under this Act can be voided if either party is underage, while child marriages under Hindu law are

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    Special Marriage Act

    Uploaded by

    Adan Hooda
    434 views2 pages
    The Special Marriage Act of 1954 provides a special form of marriage for people of any religion in India or Indians living abroad. It requires couples to file a notice of intended marriage within 30 days of the marriage date. After 30 days, there is a waiting period unless an objection is raised. The marriage can then be solemnized at the marriage office by stating vows in front of the marriage officer and three witnesses. To marry under this Act, both parties must be unmarried, the bride must be at least 18 and groom at least 21, and both must be mentally competent and not related within the prohibited degrees. Marriages under this Act can be voided if either party is underage, while child marriages under Hindu law are

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    The Special Marriage Act of 1954 provides a special form of marriage for people of any religion in India or Indians living abroad. It requires couples to file a notice of intended marriage within 30 days of the marriage date. After 30 days, there is a waiting period unless an objection is raised. The marriage can then be solemnized at the marriage office by stating vows in front of the marriage officer and three witnesses. To marry under this Act, both parties must be unmarried, the bride must be at least 18 and groom at least 21, and both must be mentally competent and not related within the prohibited degrees. Marriages under this Act can be voided if either party is underage, while child marriages under Hindu law are

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    434 views2 pages

    Special Marriage Act

    Uploaded by

    Adan Hooda
    The Special Marriage Act of 1954 provides a special form of marriage for people of any religion in India or Indians living abroad. It requires couples to file a notice of intended marriage within 30 days of the marriage date. After 30 days, there is a waiting period unless an objection is raised. The marriage can then be solemnized at the marriage office by stating vows in front of the marriage officer and three witnesses. To marry under this Act, both parties must be unmarried, the bride must be at least 18 and groom at least 21, and both must be mentally competent and not related within the prohibited degrees. Marriages under this Act can be voided if either party is underage, while child marriages under Hindu law are

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Q.

    What are the essential conditions to solemnize the marriage under Special
    Marriage Act, 1954? Discuss the consequences of Marriage under this Act.
    Introduction:-In Indian legislation enacted by the Parliament of India to provide a special form
    of marriage for the people of India and all Indian National in foreign countries irrespective of the
    religion or faith followed by either party. The act originated from a piece of legislation proposed
    in 1872 was enacted, but later it was found inadequate for certain desired reforms and Parliament
    enacted a new legislation.
                 The law legitimate the marriages for those willing to renounce their profession of faith
    altogether. It is believed that the legislation encouraged marriages based on lust which would
    inevitably lead to immorality. The Special Marriage Act, 1954 replaced the old Act, l872.
    DEFINITION: The Parliament of India to provide a special form of marriage for the people of
    India and all Indian national in foreign countries, irrespective of the religion or faith followed by
    either party.
    Objectives:
    1. To provided a special form of marriage in certain cases.
    2. To provide for registration of certain marriage
    3. To provide provision for divorce.
    Applicability:
    1. Any person irrespective of religion,Hindu, Budihist, Jains and Sikh can also perform marriage
    under Special Marriage Act, 1954
    2. The Muslim, Christian, Parsi or Jewish religions can also perform marriage under the Special
    Marriage Act, 1954.
    3. Inter-caste marriages are performed under this act
    4. The act is applicable to the entire territory of India excluding the State of J&K and extends to
    intending spouses who are both Indian nationals living abroad.
    Requirements
    1. The marriage performed under SM Act is a civil contract and accordingly there need be no
    rites or ceremonial requirements.
    2. The parties have to file a Notice of intended marriage in the specified form to the marriage
    Registrar of the district in which at least one of the parties to the marriage has resided for a
    period of not less than thirty days immediately.
    Proceeding the date on which such notice is given.
    3. After the expiration of thirty days from the date on which notice of an intended marriage has
    been published the marriage may be solemnized unless it has been objected to by any person.
    4. The marriage may be solemnized at the specified marriage office.
    5. Marriage is not binding on the parties unless each party states l. I take thee _________to be
    my lawful wife/or husband, in the presence of the Marriage Officer and three witnesses.
    Conditions of marriage
    1. The each party involved should have no other subsisting valid marriage in other words each
    arty should be monogamous.
    2. The bridegroom must be at least 21 years old and the bride must be at least18 year’s ole.
    3. The party should be competent in regards to their mental capacity to the expedient that they
    are able to give valid consent for the marriage.
    4. The parties should not fall within the degree of prohibited relationship.
          Special Marriage Act, 1954               Hindu Law
    Marriage solemnized is void if either of the The marriage under Hindu law would not be
    parties to the marriage had not attained the
    void though punishable under the Child Marriage
    requisite age.
    Restraint Act.

    CONCLUSION:- In fact this act was introduced for the first time in 1872 and also was enacted
    too. After sometimes inadequate discrepancies were noticed and it requires some reforms. The
    law sought to legitimate marriages for those willing to renounce their profession of faith
    altogether means I do not profess the Hindu, Christian, Jewish, etc. religion.
       The Special Marriage Act replaced the old Act and new was enacted the same during the year
    l954, which provides special form of marriage in certain cases and registration of marriage as
    well as the provisions of divorce.

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