Some provisions of this Act were found to be violative of the right to privacy of the interfaith couples and have been amended [I]. The requirement is also in violation of right to equality under Article 14 of the Constitution since no other laws prescribe such a requirement. What is Special Marriage Act of 1954? The SMA is a law which allows solemnization of marriages without going through any religious customs or rituals. However, some practical WHEREAS it is expedient to provide a form of A marriage between any two persons belonging to 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. Justice S. Ravindra Bhat in case of Pranav Kumar Mishra v. Govt. 2. The Special Marriage Act, 1954 (SMA) was enacted to facilitate the marriage of couples professing different faiths, and preferring a civil wedding. However, some practical problems arise in registering such marriages. Step-By-Step Process For Marriage Under Special Marriage Act . And by birth my real religion is Christian and my husband's religion by birth is Hinduism. The Special Marriage Act (SMA), 1954. Court marriages are performed without discrimination based on caste, religion, sex, etc. The Special Marriage Act was enacted back in 1954 for those in interfaith relationships, or even those who just wanted a secular marriage. Marriages solemnized under Special The Special Marriage Act (SMA), 1954. 748/2009 Delhi High Court, observed : the special marriage Act was enacted to enable a Any of the party must not have any spouse living at the time of marriage because this act allows only monogamous marriages. Inter-Faith Marriages: Explaining the conditions that need to be satisfied and the process under the Special Marriage Act, and how the High Courts have cracked down on Alka Dhupkar. Indian Divorce Act, 1869: A Christian marriage is voidable if either party was a lunatic or idiot. Preamble. The couple shall furnish their valid proof of identity and age. THE Special Marriage Act, 1954, (SMA) aims to provide for a special form of marriage, its registration and for divorce. The Special Marriage Act, 1872. Itis the legislation made to validate and register interreligious and inter-caste marriages in India. It allows two individuals to solemnise their marriage through a civil contract. The Special Marriage Act states that a marriage between two persons can be legalized, only if the following conditions are satisfied at the time of marriage[xviii]: Notice Of The Marriage Both the partners need to apply in the marriage registrars office, 30 days prior to their marriage. Check out the clauses of the Act in the following lines. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. It allows two individuals to solemnise Difference between marriage under Special Marriage Act and personal laws. 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 practised by either party. Court marriages can also take place between individuals having inter-caste or inter-religion marriages. The special marriage act covers marriages among Hindus, Christians, Muslims, Buddhists, Sikhs and Jains. The decision to do so was neither by The couple and witnesses shall sign a declaration as per Section 11 of the SMA that the couple fulfils the conditions to marry. Updated: Apr 3, 2022, 20:48 IST. Marriage under special marriage act. No individual should be forced for conversion and the problem with Special Marriage Act, 1954 is that there is no punishment to people to force others for conversion. The Special Marriage Act, 1954 (SMA) was enacted to facilitate the marriage of couples professing different faiths and preferring a civil wedding. No religious formalities are needed to be carried out under the Act. Itis the legislation made to validate and register interreligious and inter-caste marriages in India. Other articles where Special Marriage Act is discussed: Indian law: example of the changes, the Special Marriage Act (1954) provided that any couple might marry, irrespective of community, in a civil, Western-type manner, and their personal law of divorce and succession automatically would become inapplicable. I got married two months ago under the Special Marriage Act, 1954. The special marriage Act 1954 discouraged this system and incidence of inter-caste and inter religion marriage have been increasing in Hindu society. 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 A study conducted in Bengaluru revealed that in building secular bonds, there's a massive spurt in marriages registered under the Special Marriages Act, 1954 in the past couple It is a marriage between a boy & a girl of two different caste/religions. The act is applicable to Indian citizens as well s citizens living abroad. In our country, court marriages are registered under the Special marriage act 1954, which is common across India. Under the provisions of this The Special Marriage Act, 1954 (SMA) was enacted to facilitate the marriage of couples professing different faiths, and preferring a civil wedding. The Act originated from a piece of legislation proposed during the late 19th century. THE Special Marriage Act, 1954, (SMA) aims to provide for a special form of marriage, its registration and for divorce. In Older times, boys or girls People from different castes or religions or states get married under SMA in which marriage is solemnized by way of registration. In the new divorce law they have, in addition, a right of divorce by mutual Hindu code of 1955 has eliminated all problems of Hindu marriage and has brought a great change of Hindu marriage system. Mumbai Mirror. The Act originated from a piece of legislation proposed during the late 19th century. ( ACT NO. The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage (or "registered marriage") for people of India and all Indian nationals in foreign This act is applicable in the whole of India except Jammu & Kashmir. Objection to Marriage. The Special marriage act includes Hindus, Sikhs, Buddhists, Jains, Muslims, and Christian marriages. The first difference and a critical requirement under the Special Marriage Act is the 30-day notice A marriage between any two persons belonging to any religion or creed may be solemnised under this Act if at the time of the marriage the male has completed 21 years and the female 18 and provided the parties are not within the degrees of prohibited The Special Marriage Act, 1954: Applicable to persons from any religion undergoing a civil marriage. The special marriage act 1954 deals with inter-caste and inter-religion marriage. The Special Marriage Act, 1954 is an 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, irrelevant of the religion or faith followed by either party. Section 7 of the Special Marriage Act, 1954 provides for Objection to marriage It says that the marriage is solemnized only after a period of one A couple may approach the marriage officer along with the competent witnesses and present the application/notice to marry. People from different castes The SMA is a law which allows solemnization of marriages without going through any religious customs or rituals. The conditions to be eligible for marriage under the special marriage act are: The bride must be a minimum of 18 years old, whereas the groom must be a minimum of 21 years old at the time of marriage. This is the minimum age limit respectively for a girl and boy to marry under this act. Parsi Marriage and Divorce Act, 1936 Special Marriage Act 1954. Justice S. Ravindra Bhat in case of Pranav Kumar Mishra v. Govt. of NCT, delhi, WP (C) No. 748/2009 Delhi High Court, observed : the special marriage Act was enacted to enable a special form of marriage for any Indian national professing different faiths or desiring a civil form of marriage. Hello, I'm from Kolkata I am married. An important legislation, The Special Marriage Act 1954 is also in force in the country which looks after inter-religious marriages and lays down rules and regulations for the same. Has provisions similar to the HMA except that a marriage under the SMA is void. A marriage which has already been solemnized can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. Special Marriage Act of 1954: The SMA is a law which allows solemnization of marriages without going through any religious customs or rituals. 1. of NCT, delhi, WP(C) No. Once the application which is duly signed by both the individuals III OF 1872 ) [ 18th July, 1872 ] 2 An Act to provide a form of Marriage in certain cases. The marriage performed under Special Marriage Act, 1954, is a civil contract and there is no need to perform ceremonies but the parties can solemnize a valid marriage only if they fulfil certain conditions i.e. The Special Marriage Act 1954 is applicable throughout India, except the state of Jammu and Kashmir. My marriage was done under special marriage act, but at the time of application fill up for marriage under SMA my religion was written Hinduism by mistake. 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