Special Marriage Act, 1954
The Special Marriage Act, 1954 provides for solemnization of marriage between people from different religious backgrounds and castes. The Act, however, also provides for registration of marriage between two people from the same caste, religion if they do not wish to solemnize their marriage as per the norms of personal laws.
Marriages solemnized between interfaith couples can be registered under the Special Marriage Act. The marriages under the Special Marriage Act however need to meet the pre-requisites as required for a marriage to be considered as a valid marriage.
The marriages registered under the said Act are court marriages and do not involve ceremonies or rituals. The marriages solemnised under the said act are civil marriages. Further, the parties to the marriage are not required to convert their religion for solemnisation of marriage under the said Act, for example, if a Hindu is getting married to a Muslim, neither of the party is required to convert their religion.
Applicability
The Act shall be applicable to the marriages solemnized between the following persons in India:
- Persons belonging to two different religions
- Persons belonging to two different castes
- An Indian Citizen and a Foreign Citizen
- Two Foreign Nationals
Note: The Hon’ble Delhi High Court recently held that any two individuals can get the marriage registered under the Act as long as the conditions set out in the Act are met by the persons intending to get married under the said Act.
Conditions for Solemnization of Marriage under The Special Marriage Act, 1954
- Parties to the marriage should not have a living spouse
- The male should have completed 21 years of age
- The female should have completed 18 years of age
- The parties should not fall within the degrees of prohibited relationship unless the custom governing each of the parties permits.
- That parties should be of sound mind.
- That neither party has been suffering from a mental disorder of such a kind or to such an extent as to be unfit for marriage.
Procedure for Solemnization of Marriage under The Special Marriage Act, 1954
The Parties are required to file notice of Intended Marriage before the concerned Marriage Registrar of the District wherein at least one of the parties to the marriage has resided for not less than 30 days immediately preceding the date on which such notice is given. Such notice is a public document and is displayed for scrutiny upon being received.
The Notice is published by affixing in some conspicuous place in the office of the Marriage Officer. In case wherein one of the parties does not reside within the area of the office of the Marriage Registrar, the notice shall be sent to the area of the residence of such party wherein the notice shall be published. The parties intending to get married under the said Act are not required to stay within the jurisdiction wherein the marriage is to be solemnised during the notice period.
Objections, if any must be raised before expiry of 30 days from the said Notice being published by objectors/persons. The said objections may be raised by any living spouse of either of the party intending to get married, any such person who may be affected by the solemnisation of the marriage.
Cases wherein the marriage is not solemnised within 3 calendar months from the notice being given to the Registrar, the parties shall be required to give a fresh notice.
The parties and three witnesses are required to sign a Declaration Form which has to be countersigned by the Marriage Officer. The Witnesses need to be above the age of 18 and of sound mind. Any person who is a friend, relative, colleague of either of the party can sign as a Witness.
- Solemnisation of Marriage:
If no objection is received within 30 days from the date on which the notice is published, the marriage shall be solemnised in the Registrar Office in the presence of the parties and the 3 witnesses.
A Marriage Certificate shall be issued by the Marriage Registrar upon solemnisation of marriage. The said Certificate shall serve as a legal proof of the marriage being solemnised.
The parties intending to get married are required to be present at the time of filing of the initial notice as well as for solemnization and registration of marriage.
Documents Required
- Identity proof of both the parties
- Address proof of both the parties
- Valid passport of both the parties
- Vaid Visa in case of Foreign Nationals
- NOC from Consulate/Embassy (in case of Foreign Nationals)
- Affidavits
- Declaration Forms
Consequences of Registration under Special Marriage Act
If marriage under the said Act is solemnized by a person belonging to an undivided family being Hindu, Buddhist, Sikh or Jaina religions shall be deemed to affect such person’s severance from family.
- Rights and Disabilities not Affected
Any individual whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same disabilities with regard to the right of succession to any property as an individual to whom the Caste Disabilities Removal Act, 1850 (21 of 1850), applies.
The succession to the property of individuals whose marriage is solemnized under this Act shall be governed by the provisions of the Indian Succession Act, 1925. However, with respect to the application to members of certain communities, succession to the property or any person whose marriage is solemnized under this Act shall be regulated by the provisions of the Indian Succession Act and for the purposes of this Act Chapter III of Part V (Special Rules for Parsi Intestates) has been omitted.
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