Procedure of Marry under the Act. born before the marriage has been nullified by a decree.Any offspring of an invalid marriage, and indeed any offspring of an invalid marriage born or conceived before a nullity declaration is made, shall be considered to be a legitimate child of the parties, although that child shall not have the right to the property of any other person as such other than the parents.The court nullifies a marriage if:(a) it is bigamous(b) anyone of the party is of unsound mind or has any disorder,(c) the boy is below the age of 21 and the girl is below the age of 18. In the case of adultery, the court must be satisfied that adultery has been committed, beyond a reasonable doubt. In Sunil K. Mirchandani v. Reena S Mirchandani, where the parties had lived together for about 5 months, and a letter written by a husband to wife indicates his satisfactory sexual relationship with her, there could be no basis for an annulment of marriage under Section 25(1) of the Act. The Supreme Court on Monday dismissed a writ petition challenging the Constitutional validity of certain provisions of the Special Marriage Act, 1954 under which couples seek refuge for inter-faith and inter-caste marriages. As one of independent Indias most significant secular initiatives, the Special Marriage Act, 1954 was brought into the Indian legal system in 1954. Be it enacted by Parliament in the Fifth Year of the Republic of India as follows: 1. Section 8 of the legislation stipulates that anybody may object to the intended marriage after the notice is published. The deliberate concealment of a fact by someone who has knowledge or belief of the fact. The offspring of such marriages are not entitled to ancestral property. As a result, the government of newly independent Indias only rationale for enacting this special legislation was to find an effective alternative to earlier colonial law and provide a straightjacket remedy to individuals who wanted separate provisions for solemnisation and registration of marriages through a civil contract, since the , has also been included as a Fundamental Right under Right to Life and Personal Liberty under, A brief overview of the Special Marriage Act, 1954, Objectives of the Special Marriage Act, 1954, Purpose of the Special Marriage Act, 1954, Elements of the Special Marriage Act, 1954. A marriage between members of two different castes is referred to as an inter-caste union. You can click on this link and join: Follow us onInstagramand subscribe to ourYouTubechannel for more amazing legal content. The marriage under this Act can be said to be duly solemnized and registered after having completed all of the above steps. 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. It says that anybody who makes, signs, or attests any declaration or certificate required by or under this Act that contains a false statement that he either knows or believes to be false or does not believe to be true commits the offence stated in, Benefits of the Special Marriage Act, 1954. G v. G, (1930), A husband can not be considered to have deserted his wife without reasonable cause because he is forced to live away from her because of his work in life. Any marriage solemnized under this Act shall be null and void (and may, on a petition presented by either party to it against the other party, be so declared) by a decree of nullity if any of the conditions for a valid marriage under this Act has not been fulfilled; or the respondent was impotent at the time of the marriage and at the time of the institution of the suit. If there have been no previous objections to such notification, the union can be solemnised at the conclusion of the thirty-day period. The Act gives family, caste, and society ample time and space to harass persons who intend to use it. In several cases, the question came before the Punjab High Court for consideration and in the affirmative, it was answered. Special Marriage Act, 1954 is an act created for registered marriages for Indian citizens residing both in India and outside India, irrespective of their religion, caste, etc The act was created as a piece of legislation proposed during the 19th century. The notice thus received will be published by displaying it in a noticeable place in the office of the Marriage Officer. and Ors, 2021. the Allahabad High Court stated that, while giving notice under Section 5 it is up to the couple to request in writing to the concerned Marriage Officer if they want to publish a public notice under Section 6 and follow the objection procedures under Section 7. Special marriage helps the people of one caste to understand other castes. Such marriages have been found very useful in the unification of the families, hence the unification of the nation. and Others, 2018 in which the Court declared, The constitution respects the freedom and sovereignty which inheres in each individual. This involves the ability to make choices about parts of ones personality and identity. Taking note of this stumbling barrier that stopped two consenting eligible adults from marrying, the British Government in India created the Special Marriage Act, 1954, 1872, in order to protect the cherished principle of secularism in the society. The Act applies not only to interreligious or inter-caste marriages or love marriages but also to intra-faith marriages and provides an option to register marriages performed in accordance with the couples personal laws. Non-compliance with any of the Acts criteria or requirements is one of the most common objections dealt with. Casteism has always been a problem in India. According to Section 30 an individual whose marriage was dissolved by decree under the Special Marriage Act of 1954 may remarry after the period of appeal against the decree has expired. Registration might even take place while they preserve their religious identity. As a result, it appears that the Acts negative features exceed its beneficial aspects. Marriage does not require the spouses to alter their caste. The Special Marriage Act, 1954, allows registration of marriages which is not permitted by the personal laws of their practicing religions. The wife can also file a divorce petition on the ground that she has obtained a decree or maintenance order and since the passing of such decree or order, she has been living apart and has no resumed the cohabitation between her and her husband. The divorce consent was not obtained through force, fraud or undue influence. The effect of arranged marriages on love marriage has brought about this situation which, even after judgments and laws have been passed more frequently in this regard, has not brought about a major change in the mindsets of people who support marriages within religion and caste. They retain ownership of the property even after the marriage is declared null and void. Short title, extent and commencement- (1) This Act may be called the Special Marriage Act, 1954. If you are having any query, contact the team of lawyers. directed the state governments to establish a framework to protect individuals marrying under the Special Marriage Act, 1954. of the Act, the marriage may be solemnised in the Marriage Officers office or within a reasonable distance of the office. the respondent was at the time of the marriage pregnant by some person other than the petitioner; or the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): however, the Court shall not grant a decree if,-, (a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or. Vs The State of Tamil Nadu, The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018, The U.P. Under the Special Marriage Act, 1954 of 1954, certain circumstances must be met before a marriage can be solemnised. To help you understand the legal terminologies we will curate and describe every single word out there. Now anyone can get married under the Special Marriage Act and there is no need to give up your religion and also there are proper provisions regarding divorce, custody of children and alimony. The Special Marriage Act, 1954 lays down the procedure for both solemnization and registration of marriage, where either of the husband or wife or both are not Hindus, Buddhists, Jains, or Sikhs. This was done specifically to encourage and facilitate inter-religious marriages. The question of marrying without interference came up before the Supreme Court of India in the case of, Shafin Jahan v. Asokan K.M. There are no religious formalities that need to be carried out under the Act. It is difficult to understand how couples married under the Special Marriage Act, 1954 of 1954 differ from those marrying under their own laws. Is imprisoned for an offence as described in the Indian Penal Code for seven years or more. The Act is mostly preferred by interfaith couple who . In 1954 Parliament enacted the Special Marriage Act,1954 to provide for registration and validation of special forms of marriage in India. In those cases, the child is considered not to be a legitimate child of his parents by a legal fiction. None of the parties shall have a casting vote, and the matter shall be settled by agreement between the parties, by process of giving and taking and by reasonable accommodation. (1) of s. 27 of the Act, a single act of adultery may constitute an adequate ground for divorce. Special Marriage Act prohibits the filing of divorce petitions within one year of marriage. one of the parties to the marriage may avoid it if he or she wishes. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply to petition to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. Third, the man must be at least twenty-one years old and the female must be at least eighteen years old at the time of marriage. (i) any of the conditions specified in clauses (a),(b),(c) and (d) of section 4 has not been fulfilled, or. Has deserted the spouse for a period of two years immediately prior to the petitioners submission without cause. These qualifications are outlined in Chapter II, Section 4. Home Articles The Special Marriage Act, 1954: Salient Features. Changes with the Emergence of Special Marriage Act in India, Registration of Marriage under the Special Marriage Act in India. of the Act deals with marriage certification. The Special Marriage Act, 1954, was passed by Parliament, which requires the people of India to marry regardless of their religion for a special type of marriage. An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. (b) The petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered. CONCLUSION: Marriage is an important decision of the life of an individual. The Hindu Marriage Act of 1955 only applies to Hindus, whereas the Special Marriage Act of 1954 applies to all Indians, regardless of faith. The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party. This right to cohabit with one another is called the consortium right. If not followed, marriage will be considered as Void Ab Initio. Once such an application has been received by the marriage officer, duly signed by both parties, the officer shall then issue a thirty-day public notice to raise objections to the intended marriage if any. The SMA is a law which allows solemnization of marriages without going through any religious customs or rituals. It also emphasises on mutual consent to divorce. Presumption of death: Respondent not heard of as being alive for more than seven years. Husband and wife have the right to each others society, comfort, and affection. It allows two individuals to solemnise their marriage through a civil contract. during the subsistence of the marriage, as held in Dawn Henderson v. D Henderson, AIR 1970 Mad 104 (SB). Inter-religious marriages, on the other hand, are frowned upon, with individuals being outcasts or socially boycotted simply for marrying someone of their choice who does not share their religious beliefs and customs. 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The respondent must be of unsound mind, which is incurable. and Ors, 2021 the Allahabad High Court stated that, while giving notice under Section 5 it is up to the couple to request in writing to the concerned Marriage Officer if they want to publish a public notice under Section 6 and follow the objection procedures under Section 7. The Special Marriage Act, 1954 of 1954 permits citizens of India and Indian nationalities in foreign countries to marry beyond man-made boundaries of religion, caste, and community, but it also regards such weddings with caution by applying criteria that do not apply in interfaith marriages. It included the society of his wife as well as its services. Special marriage Act,1954. Maintenance For Wife & Children: Under Special Marriage Act, 1954, Alimony During The Pendency Of The Case In The Court. In July 2018, the Punjab and Haryana High Court highlighted that the Special Marriage Act has to be implemented in a way so as to promote interfaith marriages. The purpose of the Special Marriage Act of 1954 is to provide a special form of marriage in certain circumstances, to register certain marriages, and to provide for divorce. The author, in this article, has discussed the concept of the Special Marriage Act. However, in instances where the petitioner suffers extraordinary hardship or in instances of extraordinary depravity on the part of the respondent, relaxation may be provided. Moreover, the husbands right to establish a matrimonial home is not a law proposition; it is simply a proposition of ordinary good sense arising from the fact that the husband is usually the bread earner and has to live near to his work. divorce from bed and board, which did not allow the parties to remarry. Under section 28 of the Act, which deals primarily with provisions relating to obtaining a divorce by mutual consent in respect of a marriage solemnized and/or registered under the Act, a petition for divorce may be filed with the District Court by mutual consent. As opposed to personal laws, such as the Hindu marriage act or Muslim marriage act, the applicability of SMA extends to all citizens of India irrespective of their religion. Cruelty: From the day marriage ceremony, the applicant must have been cruelly handled by the respondent. An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Death presumption: the respondent has not heard of being alive for more than seven years. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows: CHAPTER I PRELIMINARY Short title, extent and commencement. ( 1 ) This Act may be called the Special Marriage Act, 1954. The court is satisfied with the truth of the statement, and there is no other reason to deny the relief. Step-1: Eligibility Check. A marriage between any two persons belonging to any religion or creed may be solemnized under this Act, if at the time of marriage both the parties (i.e. According to Section 12 of the Act, the marriage may be solemnised in the Marriage Officers office or within a reasonable distance of the office. If the petitioner is guilty of such an act, omission or conduct that makes a living with him impossible for the respondent. The law's features on prior public notice being given and objections for the safety and privacy of those intending to marry . Adultery: Adultery is a matrimonial crime in which a married individual and an individual of opposite gender, other than husband or wife, have consensual sexual intercourse during the period of marriage. Summoning and enforcing witnesses attendance. Earlier in India, marrying in other caste was considered a crime against the community. The legitimacy of Children of Void or Voidable Marriages, The respondent to the case has committed adultery since the solemnization of the marriage. Special Marriage Act of 1954 is applicable to: 1- The Act is applicable to any person, irrespective of religion. The bridegroom must be at least 21 and the bride must be at least 18 years of age . When a Marriage Officer receives an objection, he or she must do the necessary investigation and deal with it correctly. Some people think its valid; some dont. A notice has to be given in writing to the Marriage Officer of the district by the couple in which at least one of them has to be residing in the district for the last 30 days. Moreover, casteism inside the religions is one of the major factors governing the policies of India. Also, the local authorities will find a way to impose more difficult conditions on the couple taking the benefit of the notice requirement. But the child from such a union shall have right on the parents property but no rights in or to the property of any person. Earlier, the elders of the house used to select the partner for the Marriage. A special marriage could be nullified by the court on the basis that it has not been consummated due to the impotence of the other party. To live with a person for the rest of the life sometimes becomes difficult which results into divorces and judicial separation. BE it enacted by Parliament in the Fifth Year of the Republic of India as follows: CHAPTER I PRELIMINARY 1. It specifies four basic requirements for a legitimate marriage: The degree of banned relationship is determined by the conventions of the persons involved and differs from one tradition to the next. a family member married under this Act would not be considered a part of the family hierarchy after the marriage proceedings under this Act were terminated. Where, in any proceeding under Chapter V or VI, it appears to the district court that the wife does not have sufficient independent income to support her and the required costs of the proceeding, she may, on her application order the husband to pay the costs of the proceeding to her and, during the proceeding, on a weekly or monthly basis, such amount as having regard to the income of the husbands, it may appear to be reasonable. In India, generally, marriages require to be done by the priests with proper rituals and countless ceremonies taking up to a week full of rituals. To provide for the special form of marriage in certain cases; To provide for the registration of certain marriages; and, Inter-caste marriages are those marriages where the. it didnt dissolve the marriage. Also in the case of mishappening, it gave power to courts to interfere. A marriage under the Special Marriage Act, 1954 enables people from two distinct religious backgrounds to unite in the marriage bond. As a result, the enactment of the aforementioned legislation intended to protect peoples basic rights and enable them to pick their married partners. Special Marriage Act,1954. There appears to be a misalignment between the goal intended by this Act and the methods taken to attain it through its provisions. Since the marriage solemnization, the petitioner must have been treated with cruelty by the respondent. Regardless of all the attempts, society prefers to impose burdens and harass spouses. The punishment for signing a fraudulent statement or certificate is detailed in, of the Special Marriage Act, 1954. The Special Marriage Act, 1954, was passed by Parliament, which requires the people of India to marry regardless of their religion for a special type of marriage. The punishment for signing a fraudulent statement or certificate is detailed in Section 45 of the Special Marriage Act, 1954. The application should be written in accordance with the format set out in the Second Schedule. The Marriage Officer shall after being satisfied that all the conditions mentioned in Section 15of the Act are met with, enter a certificate of the marriage in the Marriage Certificate Book in the Form specified in the Fifth Schedule and the parties to the marriage and three witnesses shall sign such certificate. We will curate the best interviews with detailed questionnaire that will guide all aspirants in the right direction. Section 26 aims to give the children begotten a status of legitimacy before the nullity decree is passed. India follows the caste systems rigid structure, and marriage between religions is still considered a taboo in the country. The Special Marriage Act, 1954 as amended under the Marriage Laws (Amendment) Act, 1976 recognises the following eight fault grounds for divorce [xviii]: Adultery. Since caste and religion have not been altered, the rights to ancestral property also remain unchanged. The respondent has not been heard by people who are closely related to the respondent as being alive for not less than seven years. Todays generation is trying to break free the ties of orthodoxy and prefer to choose their partner themselves irrespective of their caste. Has not been heard for at least seven years as being alive. It was enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. February 11, 2022 | Reading Time - 13 minutes, October 1, 2019 | Reading Time - 2 minutes, November 7, 2017 | Reading Time - 4 minutes, Grounds for Divorce under the Hindu Marriage Act, November 7, 2017 | Reading Time - 2 minutes, September 26, 2018 | Reading Time - 2 minutes, Main Office#588, Sector 6Panchkula, Haryana, 134109, Chandigarh#114 Sector 45-AChandigarh, 160015. If the court is satisfied, a judicial separation decree will be passed. What does the petition seek? This interval, however, appears to be too prolonged for people who are constantly threatened by their relatives and communities. As a result, any individual desirous of marrying another individual might do so under the aforementioned Act. [1] Enacted in the backdrop of a newly independent India, that was still red from the wounds of partition this Act was a symbolic step towards darning the secular fabric of the country by providing for recognition of inter-faith marriages. It is known that marriages in India are considered sacred, spiritual, and referred to as a holy union. INTRODUCTION : The Special Marriage Act, 1954 was passed in the year 1954 and came into force from 1st January,1955. Neither of the parties must have a living spouse, at the time of the . In such cases,after reviewing the relevant provisions of the law, i.e. In Geeta Jagdish Mangtani v. Jagdish Mangtani, 2005 SC 3508, on the ground that the husband had inadequate income, the wife had abandoned him after seven months of marriage. The petitioner will also need to prove that the unsoundness of mind is incurable. 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