Special Marriage Act, 1954
About the act and features :
- 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.
- 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.
Applicability :
- Any person, irrespective of religion
- Hindus, Muslims, Buddhists, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954.
- Inter-religion marriages are performed under this Act.
- This Act is applicable to the entire territory of India and extends to intending spouses who are both Indian nationals living abroad.
- Indian national living abroad.
Requirements for the act :
- The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements
- 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.
- 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.
- 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.
Syllabus : Prelims + Mains; GS II – Polity and Governance
