Whereas it is expedient to provide a form of marriage for persons who do not profess the christian. Matrimonial relief under the special marriage act, 1954. The supreme court of india, in 2006, made it mandatory to register all marriages. Special marriage forms india form, india, special marriage. The hindu marriage act applies to hindus, whereas the special marriage act applies to all citizens of india irrespective of their religion. Website content managed by legislative department, ministry of law and justice, government of india designed, developed and hosted by national informatics centre nic last updated. Be it enacted by parliament in the fifth year of the republic of india as follows chapter i preliminary 1. An act to provide a form of marriage in certain cases. According to indian constitution marriage can be done under hindu and special act. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872, or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are. Caste and religion are considered as many important parameters for a proper solemnized marriage. For many reason including legal, financial and social, marriage registration has become mandatory in todays society.
Here is a stepwise process to apply for a special marriage act in india, special marriage. The special marriage act deals with inter caste and interreligion marriages. In india, a marriage can either be registered under the hindu marriage act, 1955 or under the special marriage act, 1954. When two souls thus unite, a new soul comes into existence. Any marriage solemnized under this act shall be voidable and may be annulled by a decree of nullity if.
In india, different set of laws and rules are applied in respect of marriage depending on the religion followed and practiced by the individuals. For the acceptance of such marriage, our parliament enacted a proper legislation i. Whereas it is convenient to afford a form of marriage for persons who do not admit the christian, jewish, hindu, muslim, parsi, buddhist, sikh or jaina religion, and for persons who allow the hindu, buddhist, sikh or jaina. Marriage a sacred institution, considered an integral part of the culture, happens amongst the diverse beliefs and religions of the country. The entomb religious or bury shared relational unions are conceivable in india just under the special marriage a ct, 1954. The special marriage act, 1954 siff for mens rights. Special marriage act 1954 history, scope, requirement. The special marriage act, 1954 the act, was enacted to provide a special form of marriage, to persons in india, and indian nationals abroad, irrespective of the faith which either party to the marriage may profess. Marriage 2014 the marriage act, 2014 an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. How to register marriage under special marriage act in india. Divorce by mutual consent under the special marriage act. Special marriage act, 1954 updated 2019 writinglaw. In exercise of the powers conferred by section 50 of the special marriage act, 1954 xliii of 1954 and in. An act to provide a special form marriage in certain cases, for the registration of such and certain other marriages and for divorce.
An act to provide a special form of marriage in certain cases, for the registration of. Short title extend and commencement 1 this act may be called the special marriage act, 1954. Download pdf for special marriage act, 1954 colourful and systematic 2 it extends to the whole of india except the state of jammu and kashmir, and applies also to citizens of india domiciled in the territories to which the act extends who are in the state ut of jammu and kashmir. Apr 16, 2015 when the marriage has been solemnized, the registrar shall enter a certificate thereof in a book to be kept by him for that purpose and to be called the marriage certificate book under act iii of 1872, in the form given in the third schedule to this act, and such certificate shall be signed by the parties to the marriage and the three witnesses. The pdf below is colourful, systematic and has links to save your time. India follows a rigid structure of the caste system, and interreligion marriage is still considered a taboo in the country.
Jan 07, 2019 the lok sabha has passed the personal laws amendment bill, 2018. Under the act a marriage must be in a common marriage shape. Marriage act, 1954 requires certain preliminaries to the. The bill moved by minister of state for law pp chaudhary seeks to remove leprosy as a ground for divorce in five personal laws hindu marriage act, dissolution of muslim marriages act, divorce act for christians, special marriage act and the hindu adoptions and maintenance act. As per the notice of intended marriage of second schedule, filling application form continue reading. The pdf for special marriage act, 1954 has internal links to help you read those sections or bare acts quickly the pdf for special marriage act, 1954 is fit for mobile phones and has a good font. Special marriage act 1954 complete act citation 51964.
Notwithstanding any restrictions contained in the indian succession act, 1925 39 of 1925, with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this. A marriage is registered under the special marriage act, 1954 when both the husband and wife are not hindus, buddhists, jains or sikhs. Be it enact by parliament in the fifth year of the republic of india as follows. Deaths act, 1969 to include the compulsory registration of marriages within its purview. Solemnization of marriage under special marriage act, 1954 the special marriage act was enacted to provide a special form of marriage by any person in india and all indian nationals in foreign countries irrespective of the religion either party to the marriage may profess. The pdf for special marriage act, 1954 has internal links to help you read those sections or bare acts quickly. Marriage and its registration under special marriage act. In deciding on the validity of any marriage solemnized after the commencement of the marriage act, 1961, which has not before the commencement of this section been. Short title, extent and commencement 1 this act may be called the special marriage act, 1954. Our marriage was celebrated before the commencement of the special marriage act 1954 central act 43 of 1954 and according to the law custom us age having the force of low governing each of us relationship according to the act for said. Jul 30, 2011 the special marriage act an introduction. Special marriage act, 1954 pdf download writinglaw.
For instance under muslim individual law marriage between the primary cousins is allowed. The second schedule notice of intended marriage the third schedule declaration to be made by the bridegroom the fourth schedule certificate of marriage the fifth schedule certificate of marriage celebrated in other forms form i notice form ii summons to witness form iii application for registration of a marriage under sec. The document includes the marriage registration act in botswana attachments. Chapter 1 of the special marriage act deals with the applicability of the act. Conversion of marriage by customary law into legally binding marriage. Special marriage act, 1954 bare acts law library advocatekhoj.
This law shall be called the myanmar buddhist womens special marriage law. Succession to property of parties married under act. Under the special marriage act, 1954 any two peoples can play out a marriage. Constitution of special courts under the act for the purpose of hearing suits under this act, a special court shall be constituted in each of the presidencytowns of calcutta, madras and bombay, and in such other places. The format of the form is important as it contain all the details of bride and groom, their residential address, name initials, contact details and more. Mar 23, 2017 the act provides for a special form of marriage in certain cases. Urban development and public health department sachivalaya, bombay 27th april 1964.
However, the conditions and regulations to get registered under both acts is different. The special marriage act, 1954legislative department. It has to be mental, psychological and physical union. In brief, it marriage includes marriage solemnised between a couple belonging to any caste or religion or tribe under any law or custom or usage in any form or manner recognised by law or marriage registered under any law including re marriage. Under the act, any two persons irrespective of their religion can get married.
Form ii summons to witness form iii application for registration of a marriage under sec. Special marriage act procedure in chennai,tamilnadu special marriage act was passed in 1954 and it focuses on providing a special form of marriage for people of india and indian nationals in foreign countries, without considering the religion or faith followed by the bride and the groom. The parliament introduced the special marriage act, 1954 which allows for a special form of marriage for the people of india to marry irrespective of their religion. In other words, the act provides for validity of marriage between men and women irrespective of caste and religious restrictions. Special marriage act has carved a simple means to legally register a marriage between two people from different religion, however even if both of the intending parties belong to the same religion, they can choose to register the marriage under this act. The hindu marriage act is applicable for cases where the husband and wife both are hindus, buddhists, jains or sikhs and if they were converted to any of these religions. Section 12a amended by section 11 of act 11 of 1964 section 12 of act 11 of 1964 states. An act to provide a special form of marriage in certain cases, for the registration of such.
The special marriage act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. In addition to the provisions for solemnization of special marriages, the act also provides for registration of marriages celebrated. Restriction on petitions for divorce during first one year after marriage. Be it enacted by parliament in the fifth year of the republic of india as follows. Since the passing of the hindu marriage act, various suggestions for amending the same as well as the special marriage act, 1954, were received from some members of parliament and the general public.
Short title, extent and commencement 1 this act may be called the special marriage act. Contracting marriage by customary law when already married under this act. Format of application under special marriage act schedule ii. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special. The lok sabha has passed the personal laws amendment bill, 2018. Home actsofparliamentfromtheyear the special marriage act, 1954. An act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.
A marriage registration form is a document that is essential to register marriage under hindu marriage act or special marriage act across india. Now it is very important that every indian should know at least some of the basic things about the special marriage act. Solemnization of marriage under special marriage act, 1954. Also in the case of mishappening, it gave power to courts to interfere. There are changes that may be brought into force at a future date. Marriage is the sacred union, legally permissible, of two healthy bodies of opposite sexes. The special marriage act, 1954legislative department ministry of. Rules regulations notifications orders circulars statutory ordinance statutes. We are not within the degrees of prohibited relationship.
Registration of marriages celebrated in other forms. The special marriage act,1872 in bangladesh special marriage an act to give a form of marriage in certain cases. Every marriage officer shall cause his name, designation and the regular working hours of his office, to be written in english and in the language or languages. Special marriage act 1954 complete act citation 4199. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals in foreign countries, irrespective of the religion or faith followed by either party. The myanmar buddhist women s special marriage law d raft. Thus the hindus are governed by the hindu marriage act, 1955, the muslims are governed by the tenets of holy quran and the. Marriage act 1949 is up to date with all changes known to be in force on or before 28 april 2020. Provided that, in the case specified in clause ii, the court shall not grant a decree unless it is satisfied. Intercaste marriage is a marriage between people belonging to two different castes.
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