Special Marriage Act
The Special Marriage Act, 1954 is an Act of the Indian Parliament that provides provision for civil marriage (sometimes known as “registered marriage”) for Indian citizens and Indian nationals living abroad, regardless of their religion or beliefs including those living in Faridabad, Haryana.
It applies to the whole of India except the State of Jammu and Kashmir and applies also to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir.
A marriage under the Special Marriage Act, 1954 allows people from two different religious backgrounds to come together in the bond of marriage. Where either the husband or wife, or both, are not Hindus, Buddhists, Jains, or Sikhs, the Special Marriage Act of 1954 lays out the procedure for both solemnisation and registration of marriage.
Initially, marriages started with the bride and groom having no idea whom they were marrying because their respective parents made all of the decisions. Parents choose a prospective bride/groom from their caste for their offspring. But now, the view has changed, and the bride and groom make all marriage-related decisions independently. In many parts of our country, inter-caste marriage is still frowned upon.
To protect the rights of individuals who rose above social and religious barriers and want to marry their love, the Parliament created the Special Marriage Act, 1954, which provides a special type of marriage for the people of India and all Indian nationals in foreign nations, irrespective of caste and religion.
What is Inter-Religious Marriage?
Inter-Religious marriage is a marriage between people belonging to two different religions. Gone are the days when people married randomly based on their parents’ choice. Nowadays, the youth have their own opinions and preferences, and they choose to marry someone more compatible with them rather than marrying someone from their caste or religion.
India is a diverse country and here people with lower castes are seen with shame. As a result, the Special Marriage Act is a unique piece of legislation that was enacted to allow for a unique type of marriage by registration in which neither party is compelled to renounce his or her religion.
Conditions For Inter-Religious Marriage In Faridabad
1) There is no living spouse for either party.
2) At the time of the wedding, the bridegroom must be at least 21 years old and the bride must be at least 18 years old. This is the minimum age at which a boy or a girl can marry.
3) The parties are not within the degrees of prohibited relationship.
4) The parties must be psychologically fit to make their own decisions, i.e., they must be sane at the time of marriage.
Impact of Special Marriage Act In India
As inter-caste or inter-religion weddings were still disapproved in our country, the adoption of the Special Marriage Act was a matter of considerable urgency. Unlike in the past, people nowadays are more drawn to people of the opposite sex or from different religions, and they rarely consider the community aspect of it. People of different religions tend to fall in love with people from other religions and get married to them. Love and affection are more important than any religion or caste. Now, people know that they have many rights and advantages under the Special Marriage Act. Our country is progressing due to the growing influence of education, and as a result, they must be aware of the benefits of inter-caste marriages. But if we see the mentality of people in rural areas or the places where there is still not that development and education unlike in urban areas, people still believe in marriages within their religion and inter-religion marriages are seen as a crime and elder people only take the decisions regarding marriages of their children. If anyone tries to marry someone who is of a different religion is thrown out of the community.
Under the rules of our law, every citizen has the freedom to marry and enjoy a happy life with anybody they choose. However, many others might both support and condemn an individual’s point of view. Some believe it is true, while others do not. After so many judgments and laws being passed, it has not changed the mindset and opinions of many people who are still in support of marriages within the religion.
So, all the citizens of our country need to have a better understanding of our laws and treat marriages between people of various castes and religions as sacred and auspicious as marriages between members of one’s own religion.
In case of matter pertaining to Marriage & Family Law in Faridabad you can contact –
Advocate Sunil Kumar Bakshi
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
