Special Marriage Act

 What’s in today’s article?

• Why in news?
• What is the Special Marriage Act?
• Who can get married under the Special Marriage Act?
• What is the procedure for a civil marriage?
• What is the “notice period” under the SMA?
• What are the criticisms of SMA?

 

Why in news?

• Recently, a Bollywood actress chose to marry under the provisions of the Special Marriage Act, 1954.

 

What is the Special Marriage Act?

• The Special Marriage Act of 1954 (SMA) was passed by the Parliament on October 9, 1954.
• It governs a civil marriage where the state sanctions the marriage rather than the religion.
• Issues of personal law such as marriage, divorce, adoption are governed by religious laws that are codified.
• These laws, such as the Muslim Marriage Act, 1954, and the Hindu Marriage Act, 1955, require either spouse to convert to the religion of the other before marriage.
  • In the Indian system, both civil and religious marriages are recognised.
• However, the SMA enables marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion.

 

Who can get married under the Special Marriage Act?

• The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
• The minimum age to get married under the SMA is 21 years for males and 18 years for females.
• However, once married as per the secular law, under Section 19 of the Act, any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion shall be deemed to effect their severance from the family.
• This would affect rights, including the right to inheritance, of the persons choosing to marry under the SMA.

 

What is the procedure for a civil marriage?

• As per Section 5 of the Act, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district.
• Before the marriage is solemnized, the parties and three witnesses are required to sign a declaration form before the Marriage Officer.
• Once the declaration is accepted, the parties will be given a “Certificate of marriage” which is essentially proof of the marriage.

 

What is the “notice period” under the SMA?

• As per Section 6, a true copy of the notice given by the parties will be kept under the Marriage Notice Book.
• Upon receiving the notice, the marriage officer shall publish it in some conspicuous place in his office to invite any objections to the marriage within 30 days.
• Section 7 deals with Objection to marriage. It allows any person before the expiration of thirty days from the date of the notice’s publication to object to the marriage.
  • Various grounds of objection are specified in Section 4 of the Act.
• If an objection has been made, the Marriage Officer cannot solemnize the marriage until he has inquired into the matter of the objection.

 

What are the criticisms of SMA?

• The provisions related to the practice of posting the notice are often criticised as they are commonly invoked to harass consenting couples.
• The unwarranted disclosure of matrimonial plans by two adults entitled to solemnize it may, in certain situations, jeopardize the marriage itself.
• In certain instances, it may even endanger the life or limb of one at the other party due to parental interference.
  • In January 2021, the Allahabad High Court ruled that couples seeking to solemnize their marriage under the Special Marriage Act, 1954 can choose not to publish the mandatory 30-day notice of their intention to marry.

 

 

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Q1) What is Hindu Marriage Act?

The Hindu Marriage Act, 1955 was intended to secure the rights of marriage for the bride and groom who are Hindu and are bound under the sacred bond of marriage under any ceremony. This act is binding to any person who is Hindu, Jain, Sikh and Buddhists and is not a Muslim, Christian, Parsi or Jew and is governed by some other law. This law is binding to any person who is Hindu by Birth or Hindu by Religion.

 

Q2) What is Muslim Marriage Act?

The Muslim Marriage Act was drafted into the Indian legal system in the year 1954. The Act regulates the solemnization of marriages among the Muslim community in India.

 

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Source: Swara Bhasker gets married under Special Marriage Act: What is the Act, how does it work, what is the notice period? | India.com |DNA