Special Marriage Act 1954
Introduction
All marriages in India can be registered under the respective personal law Hindu Marriage Act, 1955, Muslim Marriage Act, 1954, or the Special Marriage Act, 1954. It is the duty of the judiciary to ensure that the rights of both the husband and wife are protected. 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.
The Act originated from a piece of legislation proposed during the late 19th century. It extends to the whole of India except the State of Jammu and Kashmir and applies also to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir.
What Is The Special Marriage Act
A marriage under the Special Marriage Act, of 1954 allows people from two different religious backgrounds to come together in the bond of marriage. The Special Marriage Act, 1954 lays down the procedure for both solemnization and registration of marriage, where either of the husband or wife or both are not Hindus, Buddhists, Jains, or Sikhs.
According to this Act, the couples have to serve a notice with the relevant documents to the Marriage Officer 30 days before the intended date of the marriage. However, while this process has been enabled online on https://www.onlinemarriageregistration.com/, the couple will have to visit the marriage officer for the solemnization of marriage.
Difference Between The Hindu Marriage Act And Special Marriage Act
The Hindu Marriage Act only applies to 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 the Registrar for the solemnization of a marriage. Parties to the marriage must apply to the Registrar in whose jurisdiction the marriage is solemnized or to the Registrar in whose jurisdiction either party to the marriage has resided for at least six months immediately before the date of marriage. Both parties must appear with their parents or guardians or other witnesses before the Registrar within one month from the date of marriage. There is a provision for the Registrar, and subsequently, the District Registrar concerned to condone delay for up to five years.
The Special Marriage Act, 1954, is an Act of the Parliament of India enacted to provide the citizens of India and all Indian nationals in foreign countries with a special form of marriage, regardless of the religion or faith practiced by either party. The Special Marriage Act provides for marriage solemnization as well as registration by a marriage officer. The parties to the intended marriage must notify the marriage officer in whose jurisdiction at least one of the parties has resided for at least 30 days prior to the date of the notice. It should be put in his office at some conspicuous place. If either party lives in another Marriage Officer’s area, a copy of the notice for a similar publication should be sent to him. If no objections are received, the marriage may be solemnized after the expiry of a month from the date of publication of the notice The Marriage Officer has to enquire into them if any objections are received and make a decision either to solemnize the marriage or to refuse it. Registration will be made after the marriage has been solemnized.
Any marriage already celebrated, subject to certain conditions, may also be registered under the Special Marriage Act after giving a 30-day public notice.
Maintenance For Wife & Children: Under Special Marriage Act, 1954
Alimony During The Pendency Of The Case In The Court:-
- Where, in any proceeding under the Special Marriage Act, 1954, it appears to the District Court that the wife does not have enough independent income for her support and the required expenses of the proceeding, the wife may, at the request of the court, order the husband to pay her the costs of the proceeding and, in the course of the preceding proceeding, weekly or monthly, such amount should regard to husband’s income, which the court may seem reasonable.
Permanent Alimony And Maintenance:-
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 a charge on the property of the husband, such gross sum or such monthly or periodic payment of money for a period not exceeding her life.
If the District Court is satisfied that there is a change in the circumstances of either party at any time after it has rendered an order pursuant to subsection (1), it may, in either party’s case, alter, adjust, or cancel any such order in such a manner as it may appear to the Court to be reasonable.
(3) Where the District Court is satisfied that the wife for whom an order has been made pursuant to this section has remarried or has not lived a chaste life, it may, in the case of the husband, change, alter or cancel any such order and in such a manner as the Court may deem appr
Amount Of Maintenance:-
- The maintenance amount shall be purely at the Court’s discretion. The court shall take due account of the following factors in deciding the amount of maintenance, namely:
- The position and status of the parties;
- The fair preference of the claimant;
- If the claimant resides separately, whether the claimant is justified in doing so;
- The value of the claimant’s estate and any income derived from that property or from the claimant’s own income or from any other source;
Any other relevant facts and circumstances.
By its very nature, the captioned subject is complex. In such cases, after reviewing the relevant provisions of the law, i.e., the Special Marriage Act, 1954, The Code of Civil Procedure, 1908, The Limitation Act, 1963, The Evidence Act, 1872, The Code of Criminal Procedure, 1973, Other Acts & Judgments and Citations of the Hon’ble Supreme Court of India and the High Courts. Even otherwise, the question of how rules, decisions, and quotations are to be applied is rather more complicated as it requires a thorough examination of substantive laws, procedural laws, and precedents of the Court in each set of facts and circumstances.
Conditions For Marriage
Marriages under this Act are endorsed based on the following conditions:
Neither of the parties has a living spouse.
Neither of the parties is incapable of consenting to the marriage owing to an unsound mind.
Neither of the parties is affected by any mental disorder which renders them unfit for marriage and the procreation of children.
Neither of the parties is subject to constant attacks of epilepsy or insanity.
The bridegroom and the bride have attained the age of 21 and 18 respectively.
The parties are not within the confines of a prohibited relationship. It may be noted though that if a custom governing at least one of the parties doesn’t prohibit marriage between them, the marriage can be solemnized under this Act.
Note: Prohibited relationship refers to incest and marriages between first cousins and certain relations by marriage.
Procedure Under The Special Marriage Act
Unlike traditional marriages, the Special Marriage Act doesn’t require any extravagance, show, or pomp. All you require for a valid marriage under this Act is the consent of both parties to the marriage. If both parties are ready to marry each other, that will do.
Following are some of the steps to register and marry under the Special Marriage Act.
You need to submit an application in writing to the marriage officer of the district where either of the parties has resided for the past 30 days.
The marriage officer gives a 30-day notice period to accept objections to the marriage of the intended parties.
If there are no objections then the marriage officer is required to maintain a marriage notice book that contains all the details of the intended marriage. With no objections, the marriage can be solemnized after the passing of 30 days from the date on which such notice has been published at the office of the marriage officer.
The marriage officer enters all the details in the marriage notice book which should be signed by the parties and three witnesses.
In Case of Marriage Objection:-
The objection is recorded in the marriage book with the signature of the person raising the objection.
- The marriage officer has the power to inquire about the validity of the objection.
Conditions For The Marriage To Be Solemnised
For a valid marriage, it is also required that the parties give their consent to the marriage in front of the marriage officer along with three witnesses
The age of the bridegroom must be at least 21 and the bride must be at least 18 years of age at the time of marriage. This is the minimum age limit for a boy/girl to marry, respectively, under Indian law.
Both parties must be monogamous at the time of their marriage, i.e., they must be unmarried and should not have any living spouse at that time.
The parties should be mentally fit or sane in order to be able to decide for themselves whether they want to get married.
They should not be related to each other or fall under the degree of prohibited relationship. If that’s the case, it will be grounds for dissolving the marriage. However, if the custom of any one of the parties allows for the marriage under prohibited relations such marriage may be solemnized.
Prohibited Degrees In Marriage
- The prohibited relationship in Schedule I and Schedule II of the Act include relationships with cousins, both paternal and maternal. under different religions are considered differently.
1. Under Hindu Law:-
- Under the Hindu Marriage act, marriage with second cousins is prohibited as they come under Sapindus. However, the special marriage act doesn’t prohibit such a relationship.
2. Under Muslim Law:-
- Further, under personal Muslim law, marriage between cousins both paternal and maternal is allowed.
- Under Christian Law.
- Under Christian personal Law, marriage with cousins is allowed if the Church permits so.
Notice Of Proposed Marriage
- Any couple wishing to avail of the fruits of this Act is required to issue a notice in writing to the “Marriage Officer” of the district where at least one of the parties to the marriage has been residing for the last thirty days. 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 by displaying it in a conspicuous place. A copy of the same must also be attached to a “Marriage Notice Book,” which could be inspected by anyone.
Period Of Objection
- Any objections to the marriage, with respect to age, capacity to consent, incest, etc, may be addressed to the Marriage Officer 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. If the Marriage Officer discovers that the objection is valid and decides against the marriage of the concerned parties, 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.
Powers Of Enquiry
- The marriage officers are vested with the following rights on receiving an objection:-
- Summoning and enforcing the attendance of witnesses.
- Examining the witnesses on oath.
- Demanding the production of documents.
- Demanding the evidence on affidavits.
- Issuing of commissions for the scrutinization of witnesses.
Unreasonable Objections
- 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, 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.
Objections In Jammu And Kashmir
- Any objections with respect to a proposed marriage made in the State of Jammu and Kashmir will be addressed to the Central Government by the respective Marriage Officer. The Central Government inspects the case on its own terms and conveys its decision to the Marriage Officer, who will then implement the decision ordained by the governing body.
Solemnization Of Marriage
- The marriage is solemnized either at the office of the respective Marriage Officer or some other places designated for this purpose. 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.
Registration Of Marriage Celebrated In Other Forms
- Any marriage celebrated, with the exception of the ones solemnized under these provisions, could be registered under Chapter III of the Act by a Marriage Officer, subject to the condition that a ceremony of marriage was conducted for the parties under any of the Acts and the couple has been leading a marital life since then. Apart from this, the conditions specified in this Act for the conduct of marriage shall apply.
Implications Of Family Membership
- Any member of an undivided family professing the religion of Hinduism, Buddhism, Sikhism, or Jainism would be forced to sever from such family, i.e., the family member married under this Act wouldn’t be considered a part of the family hierarchy after the cessation of marriage proceedings under this Act.
Succession To Property
- The rules pertaining to the succession of a person married under this Act is governed by the Indian Succession Act, except if the parties to the marriage belong to the religions of Hindu, Buddhist, Sikh, or Jain. The provisions pertaining to the latter are covered under the Hindu Succession Act.
Restitution Of Conjugal Rights
- If the parties to the marriage under this provision are unreasonably withdrawn from the society of the other, the aggrieved party may file an application to the District Court for restitution of conjugal rights. The Court may decree the restitution of conjugal rights based on the validity of the petition and the relevant legal grounds.
Judicial Separation
- A judicial separation is a de facto separation of a married couple that has no bearing on the legality of the marriage. If the couple wishes to involve themselves in such a marital affair, a petition for this purpose must be lodged to the District Court by either the husband or wife. The court will determine its ruling based on the validity of the petition.
When A Marriage Gets Void
A marriage under this Act will be deemed void if:
Any of the obligations of the Act weren’t met by either of the parties.
The respondent was impotent at the time of marriage.
The marriage is consummated due to the willful refusal of the respondent to consummate it.
The consent of either of the parties was obtained by means of coercion or fraud.
The respondent was pregnant by any person other than the petitioner.
In this context, a petitioner refers to either of the party who wishes to abate his/her marriage with the other person, who is known as the respondent.
The right of the petitioner to file divorcé is affected in the event of the following circumstances:
The petitioner was ignorant of the facts alleged.
The proceedings were instituted within a year from the date of marriage.
The petitioner has spent his/her marital life with the other with or without free consent.
Legitimacy Of Children
- The laws concerning marriage describe legitimate children as those who were born on account of the marriage of the couple. This distinction isn’t taken away because of a void marriage as the children continue to be legitimate, though the custodial rules may change.
Grounds Of Divorce
If any of the parties is seeking a divorce from a marriage, a petition for the same must be presented to the District Court either by the husband or the wife on the following grounds:
The respondent had extramarital sexual affairs with any person after the solemnization of marriage.
The respondent has deserted the petitioner for a period of at least two years.
The respondent is facing imprisonment for seven years or more.
The respondent has treated his/her partner in a cruel manner.
The respondent is of an unsound mind or has been suffering from any mental disorder that renders him unfit to live with the other person.
Divorce by Mutual Consent
The parties to a marriage may also present a petition for divorce to the District Court stating that they have lived separately for a period of one year or more and found that they are not able to spend their life in unanimity, due to which they have mutually consented to the dissolvent of the marriage
Re-marriage of divorced persons can be enacted in the absence of any right of appeal against the decree.
Alimony
- If it appears to the District Court that the wife of a divorced, judicially separated or void marriage does not receive any income that fulfills her requirements, it may direct the husband to remit the expenses of her proceedings by giving due consideration to the income of the husband.
Penalty For The Marriage Officer
- Any marriage officer who willfully solemnizes a marriage under these provisions without maintaining compliance with the provisions of this Act could be incarcerated for a period of one year and/or imposed a penalty of Rs. 500.
Conclusion
Inter-standing marriage segment with respect to the Special Marriage Act. In India, marriage is considered sacred, and divine, and was called the holy union. It’s a basic piece of our way of life. India is a large nation, and thereafter people from different religions and cultures live here. We know the degree of influence that rank and religion have in our country is still being thought of in numerous places in our nation as unimaginable. India takes over the position framework after an exceptionally unbending structure. Individuals are required to marry within their position, and anyone who marries out of their station and challenges the customary hindrances in the general public is avoided. There are numerous normal and tragically exposed admiration for killings; they are proud to do as well. Accordingly, a serious provision for the law came to wed for affection and to defend the interests of those individuals who transcended those stations and religious partitions. Thus the Parliament approved the Special Marriage Act of 1954 for individuals of India and for every single Indian national of outside nations, irrespective of rank or religion. The one-of-a-kind aspect of the Special Marriage Act of 1954 is that any marriage solemnized in any other manner under any other law, Indian or nonnative, between any two persons may be enlisted under the Act.
Marriage registration is compulsory under the Indian Christian Marriages Act, 1872. Parsi Marriage and Divorce Act, 1936 makes significant marriage registration without registration, and the marriage does not wind up the void. Under Muslim law, a marriage is treated as a traditional contract, and the Qazi, or cleric administrator, also records the terms of the marriage in a nikahnama given to the married couple, i.e. there is a provision for private marriage enlistment. Under Section 8 of the Hindu Marriage Act, 1954 a relational union registry arrangement exists. Nevertheless, it is left to the contracting gatherings either to solemnize the marriage before the sub-recorder or to eventually enlist it to perform the task in accordance with Hindu convictions.
Top 13 Important Facts About Special Marriage Act
The groom must be at least 21 years old; the bride must be at least 18 years old.
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.
The Special Marriage Act is central legislation made to validate and register interreligious and inter-caste marriages in India.
It allows two individuals to solemnize their marriage through a civil contract.
No religious formalities are needed to be carried out under the Act.
The SMA is applicable to all the citizens of India irrespective of caste, race, religion, ethnicity, etc
Section 5 of the SMA requires a person marrying under this law to give a notice of intended marriage.
Section 6(2) says it should be affixed in a conspicuous place at the office of the marriage officer.
Section 7(1) allows any person to object to the marriage within 30 days of the publication of the notice, failing which a marriage can be solemnized under Section 7(2).
The Special Marriage Act, of 1954 is not compatible with the backwardness of the society.
Due to these provisions breaching personal liberties, several inter-faith couples approached the Court, challenging Sections 6 and 7 of the Act.
It means males and females of two different religions can marriage under the special marriage Act of 1954.
An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages, and for divorce.
Ricky Anand
Writer
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