Doodlebrary

Doodlebrary

• The Special Marriage Act, 1954 (SMA) is a significant piece of legislation in India, enacted to allow marriages between individuals of different religions, castes, or nationalities.

1. Objective of the Act

• To provide a legal framework for inter-religious and inter-caste marriages.
• Offers a civil marriage for Indians and Indian nationals abroad, irrespective of religion or faith.

2. Applicability

• The Act applies to the entire territory of India (except Jammu and Kashmir post the abrogation of Article 370).
• It also applies to Indian citizens living abroad.

3. Age Requirement

• The bridegroom must be at least 21 years old.
• The bride must be at least 18 years old.

4. Voluntary Consent

• Both parties must give free and full consent to the marriage without coercion.
• Neither party should be incapable of giving valid consent due to unsoundness of mind.

5. Prohibition of Degrees of Relationship

• The parties should not be within the prohibited degrees of relationship (i.e., close blood relatives), unless allowed by local customs or usage.

6. Notice of Intended Marriage

• The couple must submit a written notice of their intention to marry to the Marriage Officer of the district.
• The notice is then published for a 30-day period, allowing objections.

7. Objections to the Marriage

• If any objection arises within 30 days, the Marriage Officer will investigate.
• The marriage may be solemnized unless the objection is found valid under the Act.

8. Registration of Marriage

• After the 30-day notice period and in the absence of valid objections, the marriage can be solemnized.
• The couple and three witnesses sign the marriage certificate, which is then registered.

9. Religious Neutrality

• The marriage under this Act is purely civil and secular in nature.
• No religious ceremonies are required, though parties are free to conduct them separately.

10. Effect on Religion

• The Act does not require either party to convert or abandon their religious practices.
• Post-marriage, both individuals retain their respective religions.

11. Succession Rights

• The personal laws governing succession rights of each party are retained, though they may choose to follow the Indian Succession Act for equal rights in inheritance.

12. Divorce and Separation

• Provisions for divorce and judicial separation under the SMA are similar to other marriage laws, like cruelty, adultery, desertion, etc.
• Both parties can mutually apply for divorce after one year of separation.

13. Penal Provisions

• Misrepresentation of age, mental capacity, or relationship status can attract penalties, including imprisonment.

14. Inter-country Marriages

• The Act facilitates marriages between Indian citizens and foreign nationals, making it a convenient option for NRIs and others looking for civil marriage.

15. Gender Neutrality

• The Act applies equally to both men and women, ensuring gender equality in matters of marriage, separation, and divorce.

16. Significance for Social Harmony

• The Special Marriage Act plays a pivotal role in promoting social integration by allowing individuals from different backgrounds to marry legally, bypassing religious and caste barriers.