Know the contrasting features of Hindu Marriage Act and Special Marriage Act, deciphering their unique provisions and implications on marital unions in the diverse legal landscape of India.
The Hindu Marriage Act and the Special Marriage Act are two significant laws governing marriage in India, each focusing on different communities and circumstances. While the Hindu Marriage Act, 1955, specifically applies to Hindus, Buddhists, Jains, and Sikhs, providing a framework for solemnising marriages within these communities, the Special Marriage Act, 1954, offers a secular alternative, allowing individuals of any religion or those choosing a civil marriage to marry without religious ceremonies. Understanding the key differences between these two acts is essential for couples deciding which legal route best suits their personal and cultural needs.
Be that as it may, relationships are consistently not about joy. In many events, one individual gets resentful of the other. It is because of some unacceptable data given by one individual, share, religious issues, etc.
Our administration has made a few principles to handle things like this, so nobody gets cheated. The Hindu Marriage Act and the Special Marriage Act are examples of such regulations. The main distinction between the two acts of marriage will be discussed in this blog.
What Is the Hindu Marriage Act of 1955?
The Hindu Marriage Act of 1955 is a legislation governing Hindu marriages in India. It outlines conditions for a valid Hindu marriage, registration procedures, and legal provisions for divorce and maintenance. The act applies to Hindus, Jains, Sikhs, and Buddhists, providing a comprehensive legal framework for the solemnization and dissolution of marriages within these communities.
What Is the Special Marriage Act of 1954?
The Special Marriage Act of 1954 is a secular legislation applicable to all Indian citizens, irrespective of their religion. It provides a legal framework for inter-religious and inter-caste marriages. Couples opting for a civil marriage ceremony, without religious affiliations, can register under this act. The Special Marriage Act emphasises individual choice and personal liberty, offering a secular alternative to the traditional religious ceremonies governed by other personal laws.
Major Differences Between Hindu Marriage Act & Special Marriage Act
- One of the key differences between the two acts is that the Hindu Marriage Act was established in 1955, while the Special Marriage Act was ordered only a year prior, i.e., 1954.
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- The Hindu Marriage Act is relevant just to Indian Hindus. The Special Marriage Act is material to every one of the residents of India regardless of standing, race, religion, identity, etc. It implies both men and women of two distinct religions could marry under the extraordinary marriage at any point 1954’s Act. Aside from this, an Indian can get hitched to a resident of a different nation with the arrangements of the Special Marriage Act. If two people of various religions get hitched, nobody will change their creed or religion even after the wedding. Be that as it may, it’s a crime if one power their accomplice to change their religion after the wedding.
- The Hindu Marriage Act VS Special Marriage Act opens the door to enlistment to currently solemnised marriages. It implies the residents can get hitched first, and later, they can opt for wedding enlistment within a time span. However, HMA doesn’t accommodate the solemnisation of a wedding by the marriage registrar. Then again, the Special Marriage Act offers solemnisation for the wedding as well with respect to enlistment by a marriage official.
- Here, both individuals need to give a notification to the wedding official. The Marriage registration notice is shown on the notification leading body of the sub-recorder bureau for the following 30 days. If no protests are made, then the wedding is solemnised.
- Under the Hindu Marriage Act, enlistment in the wedding is optional. It implies it is optional to finish the enrollment. That is why the greater part of the Hindu relationships in India are made without enlistment. However, according to the arrangements of the Special Marriage Act, it is compulsory to finish the enlistment within a period. You could have already known that the residents of various religions finish their enrollment right after the wedding.
- Under the Hindu Marriage Act, all marriages should be solemnised through practices and customs, particularly with the Saptapadi. Also, conventional ceremonies are unnecessary to solemnise a marriage under the Special Marriage Act. However, it is optional. So, this is about the contrast between the Special Marriage Act of 1954 and the Hindu Marriage Act of 1955.
Under What Duration Marriages Should Be Registered?
Marriage under the Hindu Marriage Act can be enrolled anytime after marriage. There is no time limit. Presently, in Uttarakhand, the Sub Registrar (Marriage Officer) can enrol the Hindu marriage whenever and there is no need for Condonation or deferring by the District Registrar, who has been there till as of late.
Solemnisation of the Special Marriage Act
The husband and wife must give 30 days’ notice of their intended marriage and the application fee. Before giving the notice, the bride or groom must have continued to live for at least 30 days within the jurisdiction of the marriage officer.
Suppose no objections are obtained within 30 days of the date of notice of the intended marriage. In that case, the bridegroom and bride must appear before Marriage Officer within the next 60 days after the lapse of the initial 30 days from such notice, accompanied by three witnesses, to solemnise the marriage.
The marriage will be solemnised by a Marriage Officer who will follow the procedure outlined in the Act and Rules. A new notice must be issued if the marriage is not performed within 90 days of the notice date.
The Marriage Officer will oversee the recommended oath, solemnise the marriage, and issue the marriage certificate. The declaration and marriage certificate must be signed by the bridegroom and bride, as well as three witnesses.
Conclusion
This article discusses the major differences between the Hindu Marriage Act and the Special Marriage Act. It is important to know their contrast before officially registering the marriage on paper. All relationships in India can be enlisted under the particular individual regulation Hindu Marriage Act of 1955, the Muslim Marriage Act of 1954, or the Special Marriage Act of 1954. It is the obligation of the Legal Executive to guarantee that the freedoms of both the couple are safeguarded.
The Special Marriage Act 1954 is an Act of the Parliament of India with arrangements for common marriage for individuals of India and all Indian nationals in far-off nations, regardless of religion or confidence, followed by one or the other party. The Act started from a regulation proposed during the late nineteenth century. It stretches out to India except for the States of Jammu and Kashmir. It applies additionally to residents of India domiciled in the regions to which this Act expands who are in the State of Jammu and Kashmir.
Frequently Asked Questions
Do we get money in Special Marriage Act?
No, the Special Marriage Act does not involve any financial incentives or payments. It is a legal framework for marriage registration, and no monetary benefits are associated with the act itself.
Are parents required for Special Marriage Act?
No, parental consent is not a prerequisite for marriage under the Special Marriage Act. The act prioritizes individual choice, allowing adults to marry without mandatory parental involvement.
How much does Special Marriage Act cost in India?
The cost of registering a marriage under the Special Marriage Act varies across states and union territories in India. Fees typically cover the notice of marriage, solemnisation, and registration. It is advisable to check with the local marriage registrar for specific and up-to-date cost details in your respective region.
What is the Special Marriage Act and Hindu Marriage Act?
The Special Marriage Act, 1954, is a legislation in India that allows individuals of different religions, or those choosing a civil marriage, to register and solemnise their union. It provides a legal framework independent of religious affiliations, ensuring couples have the freedom to marry under a secular law. The Hindu Marriage Act, 1955, governs marriages among Hindus, Buddhists, Jains, and Sikhs. It specifies conditions for marriage, including eligibility, ceremonies, and grounds for divorce, based on religious customs and traditions prevalent among these communities.
What is the difference between the Special Marriage Act and Hindu Marriage Act?
The primary distinction lies in their scope and applicability. The Special Marriage Act is inclusive of all citizens, regardless of religion, enabling inter-religious and civil marriages under a uniform law. In contrast, Hindu Marriage Act is specific to marriages within Hindu, Buddhist, Jain, and Sikh communities, regulating marital practices based on their respective religious traditions.
What is the benefit of the Special Marriage Act?
Special Marriage Act offers several advantages, including freedom from religious constraints, facilitating marriages between individuals of different faiths or those preferring a secular ceremony. It promotes social harmony by accommodating diverse marital choices and ensures legal protection for couples opting for non-traditional or inter-religious unions, promoting equality and personal autonomy in marital decisions.
Can a Hindu marry another Hindu under the Special Marriage Act?
Yes, Hindus can marry each other under the Special Marriage Act (SMA). While SMA is primarily intended for inter-religious marriages or civil marriages, it also allows Hindus to opt for a marriage under its provisions if they choose to do so. The Act provides a secular framework for marriage registration and solemnisation, accommodating various personal choices.
Can Hindu cousins marry under the Special Marriage Act?
Yes, Hindu cousins can marry under the Special Marriage Act (SMA) if they fulfil the conditions laid down by the act. SMA does not prohibit marriages between cousins as long as they meet the eligibility criteria, such as being of marriageable age and not within the prohibited degrees of relationship. The act allows for marriages based on personal consent and legal requirements rather than religious considerations.
Can a Hindu girl marry a Jain boy?
Yes, a Hindu girl can marry a Jain boy under the Special Marriage Act (SMA). SMA permits marriages between individuals of different religions, including Hindu and Jain, provided both parties meet the necessary legal criteria. It offers a legal framework for inter-religious marriages, ensuring such unions are recognised and protected under secular law, independent of religious customs or rituals.
