The Indian government follows many guidelines and specific procedures for inter-religion marriage. Let's find out one below.
Inter-Caste Marriage Meaning
Marriages between different castes and religions are frowned upon in India. In other countries, it’s even considered inappropriate. To maintain the rigid power systems that are still in place in the country, people are expected to marry within their clans, classes, or religions. Additionally, certain customs and ceremonies specific to each religion and caste must be observed for a marriage to be legally recognized and registered.
To safeguard the rights of people who defy social norms and prefer to marry outside their caste or religion, the Special Marriage Act of 1954 was created. This provides a special style of marriage for citizens of India and Indian nationals living abroad, regardless of caste or religion.
People go above and beyond to ensure their families’ weddings are fully commemorated. While planning the wedding and having fun, it is equally important to register the marriage legally in our nation. This will generate a marriage certificate that the couple will require for all joint endeavors, such as purchasing property or obtaining a spouse visa for travel overseas.
In this blog, we will discuss the registration procedure for inter-religion marriage under the Special Marriage Act in India. Read on to know more.
What Is Covered Under the Act?
To facilitate inter-caste and inter-religion marriage in which neither party had to renounce their religion to wed the other, the Special Marriage Act was established. While maintaining their religious affiliation, they can still register.
This law applies to marriages between Hindus, Muslims, Christians, Sikhs, Jains, and Buddhists. And it applies to every Indian, whether they are living in India or overseas, except the state of Jammu & Kashmir. There is a regular procedure for marriage, regardless of your religion, rather than a specific court for marriages between persons of different religions.
The Special Marriage Act’s Process
Unlike traditional marriages, the Special Marriage Act does not call for extravagance, ceremony, or spectacle. All that is required for a Marriage Registration to be considered legitimate under this Act is the consent of both parties to the wedding. If both parties are willing to get married, it will work.
The Special Marriage Act outlines the following stages for registering and getting married:
- You must submit a written application to the district marriage registrar where either party has resided for the previous 30 days
- Before considering any opposition to the intended couple’s marriage, the marriage officiant gives the couple a 30-day notice
- If there are no objections, the marriage officer is required to maintain a marriage notice book with all the details of the intended union. If there are no objections, the marriage may be solemnized after 30 days have passed after the notification was placed at the marriage commissioner’s office
- The couple and three witnesses must acknowledge the marriage officer’s entry of all relevant information in the marriage notice book.
What Happens in the Event of a Marital Objection
- The marriage officiant can investigate the validity of the objection;
- The marriage officiant can investigate the validity of the objection.
Conditions for Solemnising the Marriage
Here are a few conditions that are applicable by the law to solemnize a marriage under the Special Marriage Act in India:
- The parties must also consent to the marriage before the registrar and three witnesses for it to be deemed valid
- The bride must be at least 18 years old, and the groom must be at least 21 years old when they get married. According to Indian law, a boy or girl must be at this age to get married
- Both parties must be faithful at the moment of marriage, meaning they must be single and without a spouse still alive
- The parties must not be connected or fall into a category of banned relationships for them to be allowed to decide for themselves whether they wish to get married
- If so, there would be a reason to dissolve the marriage. Nevertheless, a marriage under a banned relationship may still be solemnized if one of the partners’ customs permits it.
However, it should be noted that connections with cousins, including paternal and maternal, are forbidden relationships under Schedule I and Schedule II of the Act. According to several religions, things are viewed differently.
Where in India May Marriage Be Registered?
As previously mentioned, a marriage can be registered online and offline in India. It is possible to write a marriage online in India’s largest cities. If either partner has lived in the state where the marriage was solemnized for more than six months, they must check in to the state’s online webpage.
Then, they must complete the online marriage registration form. Following the completion of this procedure, the applicant for registration will be contacted and asked to meet with the registrar at his workplace so that he can verify the couple’s paperwork and the witness list before officially registering the marriage.
Offline marriage registration is an option for those who find the internet process challenging. As previously mentioned, one must go to the sub-office registrars in the area where the marriage was performed. The application must be filled out manually after the party’s signature and submission of the necessary paperwork. If there are no complaints after 30 days, the marriage petition will be registered.
Conclusion
It is crucial to know that only a marriage officer may officiate a marriage registered under the Special Marriage Act of 1954. In certain situations, the couple gives the registrar a notice that must be posted on the notice board for the following 30 days. As previously stated, the marriage is officially recorded if no objections are raised during this time. If you wish to register your marriage seamlessly, get in touch with the legal experts of Vakilsearch. We will help with the process of registering your marriage in the country.
FAQs
Can two different religions get married in India?
Yes, two people from different religions can marry and obtain inter-religion marriage benefits in India without converting to another religion, thanks to the Special Marriage Act of 1954.
What is the process of inter-religion marriage in India?
The process of obtaining an inter-religion marriage certificate by undergoing inter-religion marriage registration in India involves giving notice to the Marriage Officer, publishing a notice, noting objections, and solemnising the marriage.
What are the benefits of inter-religion marriage?
Inter-religion marriage allows individuals to maintain their religious affiliations while entering a legally recognized and registered marriage.
What is the name of inter-religion marriage?
Inter-religion marriage is also known as inter-faith marriage.
Do we get money for inter-religion marriage?
The primary purpose of the Special Marriage Act is to facilitate and register inter-caste and inter-religion marriages. To know whether you are eligible to apply for an inter-religion marriage scheme, reach out to the experts at Vakilsearch right away.
Is divorce possible in inter-religion marriage?
Divorce is possible in inter-religion marriage, just like in any other type of marriage. However, the divorce process might be influenced by the religious beliefs and practices of the parties involved.
