What is the Special Marriage Act?

The Special Marriage Act, 1954 is a secular law that allows individuals of different religions, castes, or nationalities to marry in a civil ceremony. Unlike traditional personal laws (like Hindu, Muslim, or Christian marriage laws), this Act provides a legal framework for interfaith, inter-caste, and court marriages in India.

It was enacted to uphold the constitutional right to marry a person of one’s choice, regardless of religion, caste, or creed, promoting individual freedom and secularism.

Key Highlights of the Special Marriage Act

• Applicable Across All Religions and Castes
• Allows Interfaith and Inter-caste Marriages
• Marriage Conducted by a Marriage Officer, Not by Religious Ceremony
• Applicable to Indian Citizens and Foreign Nationals Residing in India
• Governs Divorce, Alimony, and Inheritance for Couples Married Under It

Eligibility Criteria Under the Special Marriage Act

To solemnize a marriage under this Act, the couple must meet the following conditions:

1. Age: Groom must be at least 21 years old; bride must be at least 18 years old.
2. Mental Capacity: Both parties must be of sound mind and capable of giving valid consent.
3. Monogamy: Neither party should have a living spouse at the time of marriage.
4. Prohibited Degrees of Relationship: The couple must not fall within degrees of prohibited relationships unless allowed by custom.

Procedure for Marriage Under the Special Marriage Act

1. Notice of Intended Marriage
   The couple must submit a notice of intended marriage to the Marriage Registrar of the district where at least one of them has resided for a minimum of 30 days.
2. Publication of Notice
   The Registrar will publish the notice for public objections for 30 days. If no objection is raised, the marriage can proceed.
3. Objection (If Any)
   If objections are received, the Marriage Officer will investigate. If the objection is found valid, the marriage may be postponed or cancelled.
4. Marriage Registration and Solemnization
   After 30 days, and in the absence of valid objections, the couple must appear before the Marriage Officer with three witnesses to sign the marriage declaration and get married.
5. Marriage Certificate
   A marriage certificate is issued, serving as legal proof of the marriage.

Documents Required for Marriage Under the Act

• Proof of age (birth certificate, school certificate, etc.)
• Proof of residence (ration card, Aadhaar, utility bills, etc.)
• Identity proof (passport, PAN, Aadhaar, voter ID, etc.)
• Passport-size photographs of both parties
• Affidavit stating marital status, date of birth, and nationality
• Divorce decree or death certificate (if previously married)

Benefits of the Special Marriage Act

• Legal Protection: Offers legal recognition and protection of marriage irrespective of religion.
• Gender Equality: Equal rights for both spouses in matters of inheritance, divorce, and maintenance.
• Secular Process: No need to convert religion, unlike religious personal laws.
• Suits NRI and Foreign Nationals: Can be used by non-residents or those marrying Indian citizens.

Divorce Under the Special Marriage Act

The Act provides clear provisions for:

• Mutual Consent Divorce
• Contested Divorce (on grounds like cruelty, adultery, desertion, mental disorder, etc.)
• Alimony and Maintenance
• Child Custody and Inheritance Rights