Special Marriage Act

Special Marriage Act

Special Marriage Act was passed on 9th October 1954 to provide a special form of marriage for the people of India and people who are living in foreign countries. The act is applicable on Hindus, Buddhists, Jains, Sikhs but Muslim, Christian, Parsi, or Jewish religions can also perform marriage under this act. This act replaces the old Act III, 1872. The new enactment has 3 major objectives:

·         To provide a special form of marriage in certain cases,

·         to provide for registration of certain marriages and,

·         to provide for divorce

The Special Marriage Act indicates that a marriage between two persons can be legalized, if the following conditions are fulfilled at the time of marriage.

·         Neither of bride or groom has already living spouse at the time of the marriage.

·         Both the party should be fit mentally and physically like they should be capable of birth. None should be suffering from epilepsy or insanity

·         Both should be capable of giving a valid consent to the marriage

·         The age of the  groom should be of twenty-one years and the bride should be of eighteen years of age

·         Both the party should not be in the degrees of prohibited relationship like Mother, Father, sister, brother, Father's widow, Father's mother, Mother's mother daughter, and lots more.

·         It is compulsory for the marriage officer to display the notice of the intended marriage, by affixing a copy to some conspicuous place in his office

·         This act is not valid in the State of Jammu and Kashmir

·         At least one of the party has resided for a period of not less than thirty days

·         Parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district

·         The Marriage Officer shall keep the certificate in the Marriage Certificate Book

·         Certificate shall be signed by the parties along with the three witnesses.