Special marriage act by isha jain @lexcliq

WHAT IS SPECIAL MARRIAGE ACT?

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. All marriages in India can be registered under the respective personal law Hindu Marriage Act, 1955, Muslim Marriage Act, 1954, or under the Special Marriage Act, 1954. It is the duty of the judiciary to ensure that the rights of both the husband and wife are protected.

A marriage under the Special Marriage Act, 1954 allows people from two different religious backgrounds to come together in the bond of marriage. 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.

According to this Act, the couples have to serve a notice with the relevant documents to the Marriage Officer 30 days before the intended date of the marriage. However, while this process has been enabled online on https://www.onlinemarriageregistration.com/, the couple will have to visit the marriage officer for the solemnization of marriage.

REQUIREMENTS

The fundamental requirement under this Act for a valid marriage is the consent of both parties to the marriage. If both parties to the marriage are willing to marry each other, that’s enough; caste, religion, race, etc. can’t act as a barrier to their union here. For marriage under this Act, the parties must file with the district’s Marriage Registrar a notice stating their intention to marry each other in which at least one of the parties to the marriage has lived for at least 30 days prior to the date on which such notice is filed. After the expiry of 30 days from the date that such notice was published, the marriage is then said to be solemnized. But if any person related to the parties objects to this marriage and the registrar finds that it is a reasonable cause of objection, on such grounds he can cancel the marriage. For a valid marriage, the parties must also give their consent to the marriage before the marriage officer and three witnesses. These are the basic requirements for a valid marriage under the Special Marriage Act that every Indian must know about.

Void Marriage

A void marriage is not marriage, i.e. from the beginning, it does not exist. It is called marriage because there are two people who have undergone ceremonies of marriage. Since they absolutely lack the capacity to marry, they can not become husband and wife just by undergoing marriage ceremonies.Any marriage solemnized under this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if –

  1. At the time of marriage, neither party has a spouse living. The first marriage ought to be a valid marriage.
  2. Neither party is unable to give valid consent.
  3. The male should have 21 years of age, and the female should have 18 years of age.
  4. The parties are not within the degrees of prohibited relationship.
  5. The defendant was impotent at the time of marriage and at the time of the institution of the suit. The initial responsibility in the case of impotency is on the petitioner’s wife to prove the respondent husband’s impotence.

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