The Indian law of marriage is based upon the personal laws of religion followed by the person. However, for facilitating a special form of marriage between any person in India and NRIs irrespective of their religion and caste, the Special Marriage Act was enacted. This article discusses the conditions and the documents required to register a marriage under the Special Marriage Act in India.
The Special Marriage Act deals with marriage between people belonging to two different castes or different religions or faiths. This Act provides for a special form of marriage wherein people belonging to different castes or religions can marry without either of them renouncing his/her religion.
This Act is applicable to marriages among Hindus, Muslims, Christians, Sikhs, Jains and Buddhists. This Act extends not only to the Indian citizens belonging to different castes and religions but also to the Indian nationals living abroad.
Marriage Registration Under Special Marriage Act Conditions
The following conditions must be fulfilled for special marriage –
- Neither party should have a spouse living at the time of marriage.
- The bridegroom should have completed the age of 21 years and the bride the age of 18 years at the time of marriage.
- Neither party should be incapable of giving a valid consent to the marriage due to unsoundness of mind.
- Neither party should have been suffering from mental disorder of such a kind or Neither party should have been subject to recurrent attacks of epilepsy or insanity.
- to such an extent as to be unfit for marriage and the procreation of children.
- The parties should not be within the degrees of prohibited relationship. However, where a custom governing at least one of the parties permits marriage between them, such marriage may be solemnized irrespective of the fact that they are within the degrees of prohibited relationship.
Degrees Of Prohibited Relationship
The following relationships fall under the degree of prohibited relationship:
- Mother
- Father’s widow (stepmother)
- Mother’s mother
- Father’s father’s widow (step-grandmother)
- Mother’s mother’s mother
- Mother’s mother’s father’s widow
- Mother’s father’s mother
- Mother’s father’s widow (step-grandmother)
- Mother’s father’s father’s widow (step great grandmother)
- Father’s mother’s mother
Process of Marriage Under Special Marriage Act, 1954
The following process is followed for registration of marriage under special marriage Act at Faridabad.
Issuance of Notice for Marriage
The bride and bridegroom who intend to get married under the Special Marriage Act are required to give a notice in writing in the specified form to the Marriage Officer of the district in which at least one of them has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
Publication
The notice given is published at the office of the Marriage Officer for any person to object to the marriage on the grounds that such marriage violates any of the conditions necessary for the marriage. Once the 30-days period is over, the marriage is solemnized in the office of Marriage Officer.
Witnesses to the said Marriage
The act lays down a requirement of 3 witnesses who would sign the marriage declaration at the Marriage Registrar’s office before the marriage could be solemnized.
The marriage is then solemnized at the office of the Marriage Officer or at such place within a reasonable distance as the parties may desire upon payment of such additional fees as may be prescribed.
Marriage Certificate
After the solemnization of marriage, the Marriage Officer grants a marriage certificate and makes an entry in the Marriage Certificate Book. The marriage certificate is duly signed by the parties to the marriage and the 3 witnesses.
Divorce Norms In Case Of Special Marriage
Any person married under the Special Marriage Act cannot file a petition for divorce until the passing of one year from the date of their marriage as registered in the marriage books. However, in cases where the court is of the opinion that the person has suffered extreme hardships or the respondent has shown exceptional depravity on their part, a petition for divorce would be maintainable.
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