Special Marriage Act, 1954

2021-08-28T17:31:25Z

112.79.241.88: /* See also */

{{short description|Act of the Parliament of India for inter-religious and inter-faith marriage}}
{{Use dmy dates|date=October 2018}}
{{Use Indian English|date=October 2018}}
{{Infobox legislation
| short_title = The Special Marriage Act, 1954
| legislature =
| image =
| imagesize = 150
| imagelink =
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| caption =
| long_title = An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.
| citation = [http://legislative.gov.in/sites/default/files/A1954-43_1.pdf Act No.43 of 1954]
| territorial_extent =
| enacted_by = [[Parliament of India]]
| date_enacted =
| date_assented = 9 October 1954
| date_signed =
| date_commenced = 1 January 1955
| bill =
| bill_citation =
| bill_date =
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| 1st_reading =
| 2nd_reading =
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| keywords =
| status = in force
}}

The ''' Special Marriage Act, 1954''' is an [[Act of Parliament|Act]] of the [[Parliament of India]] with provision for [[civil marriage]] (or "registered marriage") for people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party.<ref>{{Cite web|title=Special Marriage Act (iloveindia.com) |url=http://weddings.iloveindia.com/indian-weddings/special-marriage-act.html |archive-url=https://www.webcitation.org/5symq8ed8 |archive-date=2010-09-24 }}</ref> The Act originated from a piece of legislation proposed during the late 19th century. Marriages solemnized under Special Marriage Act are not governed by [[Personal laws in India|personal laws]].<ref>{{cite web|url=https://www.thehindu.com/news/cities/Delhi/marriages-under-special-marriage-act-not-governed-by-personal-laws/article23376912.ece|title=‘Marriages under Special Marriage Act not governed by personal laws’}}</ref>

== Background ==
[[Henry Sumner Maine]] first introduced Act III of 1872, which would permit any dissenters to marry whomever they chose under a new civil marriage law. In the final wording, the law sought to legitimize marriages for those willing to renounce their profession of faith altogether ("I do not profess the Hindu, Christian, Jewish, etc. religion"). It can apply in [[inter-caste]] and [[inter-religion]] marriages.<ref>http://blog.ipleaders.in/10-things-every-indian-should-know-about-the-special-marriage-act1954/</ref> The Bill faced opposition from local governments and administrators, who believed that it would encourage marriages based on lust, which would inevitably lead to immorality.<ref>Perveez Mody, "Love and the Law: Love-Marriage in Delhi," Modern Asian Studies 36:1 (2002): 223-256</ref>

The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment had three major objectives:
# To provide a special form of marriage in certain cases,
# to provide for registration of certain marriages and,
# to provide for divorce.<ref>{{Cite web|title=Divorce, under the Special Marriage Act, 1954 (valkilno1.com)|url=http://www.vakilno1.com/bareacts/specialmarriageact/chapter6/s27.htm|archive-url=https://www.webcitation.org/5sypVg4Dj|archive-date=2010-09-24}}</ref>

==Applicability==
# Any person, irrespective of religion.<ref name=tax4indiamnd>{{Cite web|title=Registered Marriage Under Special Marriage Act, 1954 (tax4india.com) |url=http://www.tax4india.com/indian-laws/marriage-n-divorce/registered-marriage/registered-marriage.html |archive-url=https://www.webcitation.org/5syqjSzZk |archive-date=2010-09-24 }}</ref>
# Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954.<ref name=tax4indiamnd />
# Inter-religion marriages are performed under this Act.<ref name=tax4indiamnd />
# This Act is applicable to the entire territory of India and extends to intending spouses who are both Indian nationals living abroad.<ref name=tax4indiamnd />
# Indian national living abroad.{{Fact|date=February 2019}}

==Requirements==
# The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements.<ref>{{Cite web|title=Place And Form Of Solemnisation, Registered Marriage (tax4india.com) |url=http://www.tax4india.com/indian-laws/marriage-n-divorce/registered-marriage/registered-marriage-2.html |archive-url=https://www.webcitation.org/5syrC8yRh |archive-date=2010-09-24 }}</ref>
# 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 preceding the date on which such notice is given.<ref name=delhiadvocate>{{Cite web|title=The Special Marriage Act, 1954 (delhiadvocate.tripod.com) |url=http://delhiadvocate.tripod.com/special_marriage_act.html |archive-url=https://www.webcitation.org/5syrXS5dK |archive-date=2010-09-24 }}</ref>
# After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnised, unless it has been objected to by any person.
# The marriage may be solemnised at the specified Marriage Office.<ref name=delhiadvocate />
# Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be my lawful wife (or husband)," in the presence of the Marriage Officer and three witnesses.<ref name=delhiadvocate />

==Conditions for marriage==
# Each party involved should have no other subsisting valid marriage. In other words, the resulting marriage should be monogamous for both parties.<ref name=delhiadvocate />
# The groom must be at least 21 years old; the bride must be at least 18 years old.<ref name=delhiadvocate />
# The parties should be competent in regard to their mental capacity to the extent that they are able to give valid consent for the marriage.<ref name=delhiadvocate />
# The parties should not fall within the degree of prohibited relationship.<ref>{{Cite web|title=Necessary conditions for a registered marriage (tax4india.com) |url=http://www.tax4india.com/indian-laws/marriage-n-divorce/registered-marriage/conditions.html |archive-url=https://www.webcitation.org/5syrz9P0c |archive-date=2010-09-24 }}</ref>

Court Marriage is a union of two soul where oath ceremony is performed according to Special Marriage Act-1954 before the Registrar of Marriage in the presence of three witnesses thereafter a court marriage certificate is issued directly by the Registrar of Marriage appointed by the Govt. of India.

==Succession to the property==
Succession to the property of person married under this Act or customary marriage registered under this Act and that of their children, are governed by Indian Succession Act.<ref>https://www.webcitation.org/5syrXS5dK Section 21 of the Act</ref><ref>http://indiankanoon.org/doc/552306/ Bombay High court judgment reported by Indian Kanoon</ref> However, if the parties to the marriage are Hindu, Buddhist, Sikh or Jain religion, the succession to their property will be governed by [[Hindu Succession Act, 1956|Hindu succession Act]].<ref>https://www.webcitation.org/5syrXS5dK Section 21 A of the Act</ref>

The Supreme Court of India, in 2006, made it required to enroll all relational unions. In India, a marriage can either be enlisted under the [[Hindu Marriage Act]], 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is pertinent to Hindus, though the Special Marriage Act is appropriate to all residents of India regardless of their religion applicable at Court marriage.

==See also==
* [[Dowry law in India]]
*[https://htlmadras.com/marriage-certificate-download-kerala-regitration/ Special Marriage act. 1954 Official]

==References==
{{Reflist}}

{{Indian legislations}}

[[Category:Acts of the Parliament of India 1954]]
[[Category:Nehru administration]]
[[Category:Marriage law in India]]

Bharatpedia - User contributions [en]

Special Marriage Act, 1954