Special Marriage Act 1954, Indian Marriage Age,  Hindu Marriage Act, Special Marriage Act Divorce

Special Marriage Act 1954, Indian Marriage Age,  Hindu Marriage Act, Special Marriage Act Divorce

According to the Special Marriage Act 1954, the citizens of India may marry anybody of their choice irrespective of their own or their partner's religion or caste.

This act covers marriages among Hindus, Muslims, Christians, Sikhs, Jains, and Buddhists and extends not only to Indian citizens belonging to different castes and religions but also to Indians living abroad.

The Special Marriage Act permits inter-religion marriage without changing one spouse's religion. The best example of the special marriage act is celebrity couple Saif Ali Khan and Kareena Kapoor, both of whom still follow their religion even after their marriage.

Spouses marrying through the Special Marriage Act get all the legal rights of a married couple that other marriage acts like the Hindu marriage act or Muslim personnel law provide.

If a boy and a girl are not previously married, are adults and their mental condition is good enough to give consent on marriage, then they can marry through the Special Marriage Act 1954.

The only limitation is that if both the spouses are Hindu, then they should not be of restricted proximity relation which means they should not be a brother, sister, aunt, or uncle. They also should not be from five generations of the father's side and three generations of the mother's side.

You can also marry any citizen of a foreign country according to the Special Marriage Act. The couple interested in getting married needs to hand in a marriage request in the nearby SDM-office along with age proof and a consent affidavit. They are physically verified and after one month they are made to take vows in front of witnesses.

Some important provisions regarding the Special Marriage Act 1954;

1. The minimum age for boys to marry under this act is 21 years and for girls, it is 18 years.

2. The interested couple should give their marriage consent in a healthy mental condition.

3. Couples of the same or different religions can marry under this act without the need for changing or leaving the religion.

4. This marriage is done in court by a sub-divisional magistrate (SDM) or an additional district magistrate (ADM).

5. Marriage through The Special Marriage Act doesn’t need any kind of priest or any other religious custom.

6. It is mandatory to have three witnesses present to marry under this act.

7. Both parties must be unmarried and should not have any living spouses.

8. They should not be related to themselves through blood.

It is also important to note that not only people of different religions but people of the same religion can also marry under the Special Marriage Act without the need for any religious customs. 

The wife who has married under the special marriage act will get rights to the property of the husband under the Indian succession act. 

Special Marriage acts hold a high importance to all the citizens of the country to treat the marriages between different caste and religions as equally sacred and auspicious.

Written by Adv. Sarika Khude

Rajgurunagar, Pune

  This article is written for educational purposes, this is not for any kind of advertisement of the writer.