Special Marriage Act, 1954

The Special Marriage Act (SMA) of 1954 is a personal regulation that lets couples in India marry or divorce their partners outside of religious marriage limitations. The SMA furnishes a legal foundation for the union of individuals from separate castes or faiths. In these marriages, the state, not any religious bodies, grants permission for the relationship. The judiciary system ensures that the rights of both spouses are protected under this Act.

These kinds of civil marriages are permitted to be performed for Indian citizens and Indian nationals residing overseas. This Indian Act, which acknowledges both lawful and religious weddings, is comparable to the requirements of the 1949 Marriage Act of the UK. The Act was designed around late 19th-century legislation.

History of Special Marriage Act 1954

First enacted in Maine in 1872, the Henry Sumner Act III of 1872 gave dissenters the freedom to wed anyone they chose under the recently passed civil marriage law. When the law was enacted, it was intended to offer legal validity to unions for individuals willing to renounce their religious views entirely. This also applies to unions of individuals from various classes and religions. Because they believed that the Bill would encourage lust-based partnerships, ultimately leading to debauchery, local politicians and officials rejected the Bill.

The Special Marriage Act of 1954 superseded Act III of 1872. The new law had three main objectives: it allowed for divorce, registered some weddings, and provided a special kind of marriage under certain conditions.

Application and Fundamental Clauses Special Marriage Act 1954

The Act applies to people in India who practice all religions, including Jews, Muslims, Jains, Parsis, Hindus, Christians, Sikhs, and Buddhists. It enables the couple to register their marriage, granting several legal rights and protections, including succession and inheritance rights.

For the Act to apply to a couple, a man must be 21 years old to marry, while a woman must be 18.

However, polygamy is illegal under the law, and a marriage is void if one of the parties was married to someone else at the moment of the wedding ceremony or if the other party is mentally unable to give consent to the union.

Relationships based on half or uterine blood as well as full blood, illegitimate and legitimate blood ties, adoption-based relationships, and relationships based on blood are all illegal under this Act.

Two persons are considered to be related by “full blood” when they are descended from the same father via the same mother and by “half-blood” when they are descended from the same father but through different women. “Uterine blood” refers to the relationship between two people with the same mother but were married to separate men.

Distinction from Personal Laws

The Hindu Marriage Act of 1955 and the Muslim Marriage Act of 1954 are two examples of personal laws that require one spouse to convert to the other’s faith before getting married.

Nonetheless, the SMA allows marriages between people of various castes or religions without forcing them to change to a new faith or renounce their religious identity. This can result in the individuals being cut off from their inheritance. A person is deemed to be cut off from their family if they get married, losing their inheritance rights as well. However, SMA protects the rights to inheritance.

Obligation to Provide Written Notice

The District Marriage Officer must be notified in writing by the parties per Section 5 of the Act. Also, at least one of the spouses must have lived in the district where the marriage is being registered for at least thirty days before the notification date.

A person may object to the marriage under Section 7 of the Act within thirty days of the notification being published.

Complications with the Special Marriage Act, 1954

Here are the issues that come with this Act:

• Disagreements over Marriage – The ability to oppose marriage is one of the primary problems with the Special Marriage Act. This is a common tactic used to intimidate consenting couples and prevent or delay marriage. A January 2021 Allahabad High Court order states that couples wishing to wed under the Special Marriage Act formally are exempt from posting the obligatory 30-day notification of their choice to marry.
• Privacy-related Issues – It may also be seen as a privacy violation because the need for notices to be publicized could divulge the couple’s personal information and their upcoming marriage.
• Social Discrimination – It is still customary in many parts of India for people coming from various castes or faiths not to get married, and partners who decide to marry per the SMA may face discrimination and bias from their relatives and society.

The procedure can be made more unrestrained in the near future. Under this law, the government may make the marriage process more streamlined and straightforward. Furthermore, because it might lead to outside interference or harassment, the 30-day notice period that is necessary may be removed or changed, or an alternate provision can be provided in specific cases.

The government can attempt to broadcast information on this Act and its effects. Many Indians might not be aware of the provisions of the Special Marriage Act or that it permits them to wed someone who belongs to a different caste or religion. The government can raise public awareness of this law and its benefits in rural areas where the spread of information is low.

FAQs on the Special Marriage Act 1954

1. How many days are required for the Special Marriage Act to take effect?

The Special Marriage Act defines that a thirty-day notice is required. It is also shown in all of the neighborhoods or residences where any one of them lives. Anybody can oppose the couple’s union during this time, and a probe will occur. If no one objects, the marriage becomes legally binding by the marriage registry after thirty days.

2. What conditions for marriage does the Special Marriage Act specify?

There shouldn’t be any other valid marriages for both parties. Put another way, in the resulting marriage, both parties should be monogamous. The groom and bride must be at least twenty-one and eighteen, respectively.

3. Is a notification under the Special Marriage Act mandatory?

In compliance with Section 5 of the SMA, a written declaration of intention to marry must be sent to the Marriage Officers of the district in which at least one party has resided for a minimum of thirty days before the date of notification.

4. Which benefits does the Special Marriage Act offer?

The Special Marriage Act allows people of different religious backgrounds to be married in India. Thanks to this Act, marriage can now occur without encountering religious discrimination.

5. What documentation does the Special Marriage Act require?

Couples’ passport-sized picture, notice or request for wedding under sections 5 or 15, fees , documentation of the bridegroom’s and bride’s time of birth or age as well as their IDs, evidence of residency for the wedding party and three witnesses, the joint statement under SEC (11) of the bride and bridegroom, and marriage evidence are the requisite documents needed for the SMA.