The Special Marriage Act, of 1954, serves as a legal framework facilitating interfaith marriages and is currently under consideration for an amendment to legalise same-sex marriages in India. This act promotes inclusivity and autonomy in choosing life partners, reflecting evolving societal norms.
The Special Marriage Act of 1954 in India allows interfaith or intercaste marriages without customary rituals, offering a secular legal framework that supports civil marriages beyond religious and social norms.
The primary objective of the Special Marriage Act is to facilitate marriages between individuals who may belong to different religious backgrounds. This ensures that couples can exercise their right to marry without facing religious or community-based restrictions. The act mandates a simple and standardised procedure for the solemnisation of marriages, promoting a secular and inclusive approach to matrimony.
Under the Special Marriage Act, the marriage ceremony is conducted before a marriage officer, who acts as a civil authority. This ensures that the marriage is legally recognised without any religious ceremonies. The act also lays down provisions for the registration of marriages, making it a legal requirement to register the union to avail of legal benefits and protections.
The Special Marriage Act is particularly significant in a diverse country like India, where various communities and religions coexist. It reflects the constitutional principle of secularism and promotes individual autonomy in choosing a life partner irrespective of religious or cultural differences. This act not only upholds the right to marry as a fundamental right but also contributes to social harmony and integration by transcending communal boundaries.
Marriage under Special Marriage Act Registration
Both parties should file a notice (an application for the marriage registration process under the Special Marriage Act) at least 30 days (could be more) before the day of marriage at the office of the Sub-divisional Magistrate of the district where at least one of the partners has stayed for over a month. During this period of 30 days, any one of the parties or the SDM himself could raise an objection to the marriage in case of any discrepancies. If the relationship falls on the prohibited relationship list or any observed signs of coercion, an objection is raised in the event of reported misconduct.
The notice issued will be conveyed to the individual’s address by the Registrar. Both individuals who are married to each other and their three witnesses should be present on the decided date. They should also bring their identity proof, birth certificate, and other important documents required on marriage certificate online registration. Both parties should be present to sign the documents on the marriage certificate’s date.
The marriage will be officially solemnised through legal affidavits brought in by both spouses separately and their lawyers.
Eligibility to Register Marriage Under Special Marriage Act
Both individuals who intend to get married should be Indian nationals (could reside anywhere).
- The minimum age for a woman to get married is eighteen years, while for a man, it is twenty-one years.
- Both parties should be free-willingly consenting. No coercion is permissible, and the marriage will not be registered if such behaviour is observed.
- The parties should be sane, and their mental integrity should be intact while consenting.
- The parties cannot be each other’s sapindas, blood-related or half-blood.
Documents Required For Special Marriage Act:
The Special Marriage Act is designed to simplify the process of marriage for individuals from different religious backgrounds. To ensure a smooth and lawful marriage under this act, specific documents are required. These documents play a crucial role in establishing the identity, eligibility, and consent of the individuals involved in the marriage.
- Application Form: A duly filled application form prescribed under the Special Marriage Act is the primary document. This form includes essential details such as the names, addresses, and marital status of the individuals, along with a declaration of their willingness to marry each other.
- Proof of Age and Identity: Valid documents establishing the age and identity of both parties are necessary. This could include a passport, birth certificate, or any government-issued identity card.
- Residential Proof: Documents confirming the residential address of the individuals are required. This can be in the form of a utility bill, Aadhar card, or any government-issued document showing the current address.
- Passport-sized Photographs: Recent passport-sized photographs of the bride and groom are needed for the marriage registration process.
- Marriage Invitation or Declaration: A formal invitation or a written declaration of the marriage stating the intent to marry and the place of the ceremony is often required.
- Divorce Decree (if applicable): In case either party has been previously married, a copy of the divorce decree or death certificate (in case of a deceased spouse) is necessary.
- Ensuring that these documents are in order and submitted as per the requirements of the Special Marriage Act is crucial for a hassle-free and legally recognised marriage under this statute.
Benefits of the Special Marriage Act:
In essence, the Special Marriage Act goes beyond traditional norms, offering a legal framework that respects individual choices and promotes a more inclusive and harmonious society. Couples opting for a marriage under this act benefit from a streamlined process and the assurance of legal recognition, regardless of their cultural or religious backgrounds.
Objection Period
During the 30-day window after the filing and displaying the notice in a noticeable place/board, the marriage registrar may exercise his powers to check whether the marriage taking place checks all the boxes and is lawful and consensual. Moreover, any discrepancy is also reported to him.
- The power of enquiry that rests with the Registrar allows him to support an individual party before the court.
- He can ask them to produce relevant documents, brief the individuals on the conditions of the oath, and explain to them what it entails before and after marriage.
- The Registrar has every right to go through the details of the documents provided, to look out for any age discrepancy or mismatched information provided and say whether or not the couple is lawfully out of the prohibition act spectrum, address, date of birth, nationality, citizenship ID proof etc.
- It also allows him to observe the party’s behaviour, mental sanity, and any obvious signs of discomfort or coercion. He may also confront them verbally if there is any hint of trouble.
- The Registrar may also want to have a word with the witnesses if he pleases or necessitates their presence during the oath or court visits of the parties intending to get married.
- The Registrar may also issue the affidavits of the advocates hired by the parties separately or together.
- The Registrar may also scrutinise the credibility of the witnesses.
Debasing false objections or objections that are not well-intentioned
- In the event of one of the parties reportedly making false objections or not putting forth well-intending objections against the marriage or the other party during the 30-day window period, the Registrar, with his powers of self-discretion on the matter, may impose a fine of Rs. 1000 on the same party.
- This money will be given to the other party.
- In resolving conflicts and objections, the notice is valid for three months; the two parties can observe hence another period of 30 days.
- After this, marriage is solemnised for the couple in the form of a court marriage or the traditional ways, involving the customary rites and rituals, marriage reception, etc., depending on how the parties wish to go.
- The certificate, however, should mention the date, location, and time of marriage, so it is best to have them pre-decided.
Marriage Registration Significance
The Indian judiciary intends to keep both the partners’ well-being and rights bound by marriage safeguarded and far from exploitation or abuse. To some extent, it entails a legal contract, which is the doctrine that must be abided by both spouses during the marriage and even after a possible dissolution or divorce. Hence, registration of marriages makes it legitimate with the bonus that it can be managed by and with the help of the law.
Significance of The Special Marriage Act Registration
The Indian Legislative system incorporated the Special Marriage Act. It made it functional in 1954 to facilitate and register marriages of Indian individuals with Indians living in foreign countries or inter-faith, inter-caste, or inter-religious marriages. Once registered under this act, even if one or both spouses are not Hindus, Buddhists, Jains, or Sikhs, they can be bonded in marriage. However, the Special Marriage Act can also apply to two individuals belonging to the same religion, caste, or nationality. This act extends to all states of India except the territories of Jammu and Kashmir.
FAQs
Is registration compulsory in Special Marriage Act?
Yes, registration is mandatory after the marriage ceremony to legally recognise the union.
How to get married under Special Marriage Act?
To marry under the act, provide notice, address objections, solemnise the marriage with a marriage officer and witnesses, and complete the registration process.
What is Special Marriage Act ruling?
The act, since 1954, promotes secularism, allowing couples of different backgrounds to marry without adhering to customary rituals.
What is the latest amendment of the Special Marriage Act?
The 2022 Special Marriage (Amendment) Bill is a legislation proposed in the Indian Parliament aiming to legalise same-sex marriages in the country. This involves modifications to the existing Special Marriage Act of 1954.
Who should register under Special Marriage Act?
Couples wanting a secular or civil marriage, especially if from different backgrounds, should register under the Special Marriage Act.
Are parents required for Special Marriage Act?
Parental consent is not mandatory; the focus is on the individuals' consent for the marriage.
The Takeaway
After marriage, plenty of new discussions and areas that both spouses are novices at the surface. The rules that now apply to them that did not previously are all very important to the marriage, as is their participation in creating societal advancement in the name of family. Conjugal rights safeguard each other from evils like domestic abuse, mental or physical abuse, threats, marital home implications and discomfort, detention, and property usurpation.
Marriage does not give heir rights from husband to wife or wife to husband. Children of the couple may have rights that are mutually decided upon. Marriage is the consortium of two free-thinking individuals with equal footing in society. Being safeguarded by the law keeps all kinds of evils, misconceptions, and self-proclamations at bay.
