The Special Marriage Act of 1954 is a civil law that allows people of different religions and castes to marry without converting to each other’s religion. It provides a way for inter-faith or inter-caste couples to get married while retaining their religious identity. The SMA was enacted to promote secularism and allow people to marry across religious boundaries. Here are some important points to know about the Special Marriage Act:

Important points to know about the Special Marriage Act

  • Eligibility: The Special Marriage Act applies to people of all religions, including Hindus, Muslims, Sikhs, Christians, Jains, and Buddhists, across India.
  • Age: The minimum age for getting married under the SMA is 21 years for males and 18 years for females.
  • Effect on rights: When a Hindu, Buddhist, Sikh, or Jain marries under the SMA, they are deemed to have severed their ties with their family. This can affect their rights, including their right to inheritance.
  • Procedure: To get married under the SMA, the parties must give notice to a Marriage Officer in the district where they have resided for at least 30 days. The parties and three witnesses must sign a declaration form before the Marriage Officer. Once the declaration is accepted, the parties receive a Certificate of Marriage as proof of the marriage.
  • Objections: Any person can object to the marriage within 30 days of the notice’s publication. If an objection is made, the Marriage Officer cannot solemnize the marriage until the matter is resolved.

Recent court rulings have given couples more freedom when marrying under the SMA. In January 2021, the Allahabad High Court ruled that couples could choose not to publish the mandatory 30-day notice of their intention to marry. This decision came as a relief to many couples who faced social pressure and harassment due to the notice requirement. The Special Marriage Act provides an important way for people to marry outside of their religious and caste boundaries and is an important tool in promoting secularism in India.

Conditions & Procedure for Marriage Registration Under the Special Marriage Act

To register for marriage under the Special Marriage Act, the following conditions must be met:

  • The parties have completed the age of 21 years at the time of registration.
  • They have been living together as husband and wife since the marriage ceremony.
  • Neither party has more than one living spouse at the time of registration.
  • Neither party is an idiot or a lunatic.
  • They are not related within the degrees of prohibited relationship.
  • The parties have been residing within the district of the Marriage Officer to whom the application is made for a minimum of 30 days before the date of application.

To proceed with the registration, the parties must submit a signed application along with a marriage affidavit to the concerned Marriage Officer. The officer will then give public notice of the application and allow 30 days for objection. If no objections are raised, the Marriage Officer will sign the Marriage Certificate Book, and the marriage will be deemed to be solemnized under the Special Marriage Act. If the Marriage Officer refuses registration, either party may appeal to the District Court of the district within 30 days.

MCQs on Special Marriage Act

  1. What is the minimum age requirement for a male and female to get married under the Special Marriage Act of 1954?
    A. 18 years for both
    B. 21 years for both
    C. 18 years for the male and 21 years for the female
    D. 21 years for the male and 18 years for the female
    Correct Answer: A. 18 years for both
    Explanation: Under the Special Marriage Act of 1954, the minimum age requirement for a male and female to get married is 18 years for both. Source: https://indiankanoon.org/doc/1093306/
  2. Which of the following is a criterion for a marriage to be registered under the Special Marriage Act of 1954?
    A. The bride and groom must be of the same religion
    B. The bride and groom must be Indian citizens
    C. The bride and groom must have lived in the same city for at least a year
    D. The bride and groom must have given notice of their intention to marry to the Marriage Officer
    Correct Answer: D. The bride and groom must have given notice of their intention to marry to the Marriage Officer
    Explanation: One of the requirements for a marriage to be registered under the Special Marriage Act of 1954 is that the bride and groom must have given notice of their intention to marry to the Marriage Officer in whose jurisdiction at least one of the parties has resided for a period of not less than 30 days immediately preceding the date on which the notice is given. Source: https://indiankanoon.org/doc/1093306/
  3. What is the waiting period for a marriage to be registered under the Special Marriage Act of 1954 after giving notice?
    A. 7 days
    B. 30 days
    C. 60 days
    D. 90 days
    Correct Answer: B. 30 days
    Explanation: After giving notice of their intention to marry under the Special Marriage Act of 1954, the marriage can be solemnized after the expiration of 30 days from the date on which notice was published. The marriage must be solemnized within 90 days from the date of notice, otherwise, a new notice has to be given. Source: https://indiankanoon.org/doc/1093306/

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