Marriage Under Special Marriage Act - 1954

MARRIAGE UNDER
SPECIAL MARRIAGE DR. SAMREEN HUSSAIN
ACT- 1954
MARRIGE UNDER SMA 1954
The Special Marriage Act deals with inter-caste and intra caste as well as
inter-religion and intra-religion marriages.
This law available to all citizens of India who wants to marry secularly
without prescribing to any religion.
Also applies to Indian nationals who live abroad.
Conditions of marriage Under the ACT- Section 4
Conditions relating to solemnization of special marriages.—Notwithstanding anything
contained in any other law for the time being in force relating to the solemnization of
marriages, a marriage between any two persons may be solemnized under this Act, if at the
time of the marriage the following conditions are fulfilled, namely:—
(a) neither party has a spouse living;
(b) neither party—(i) is incapable of giving a valid consent to it in consequence of
unsoundness of mind; or
(ii) though capable of giving a valid consent, has been suffering from mental disorder of
such a kind or to such an extent as to be unfit for marriage and the procreation of children;
or
(iii) has been subject to recurrent attacks of insanity
( c) the male has completed the age of twenty-one years and the female the age of eighteen
years;
d) The parties are not within the degrees of prohibited relationship: Provided that where a
custom governing at least one of the parties permits of a marriage between them, such
marriage may be solemnized, notwithstanding that they are within the degrees of prohibited
relationship; and
CONDITIONS FOR VALID
MARRIAGE ARE:
1. Bigamy
2. Insanity/ impotency
3. Age criterion
4. Prohibited degrees.
Others important conditions
Notice of intended marriage.—When a marriage is intended to be solemnized under
this Act, the parties to the marriage shall give notice thereof in writing in the form
specified in the Second Schedule to the Marriage Officer of the district in which at
least one of the parties to the marriage has resided for a period of not less than thirty
days immediately preceding the date on which such notice is given. (section 5)
the Marriage Officer shall cause every such notice to be published by affixing
a copy thereof to some conspicuous place in his office.
Where either of the parties to an intended marriage is not permanently
residing within the local limits of the district of the Marriage Officer to whom
the notice has been given under section 5, the Marriage Officer shall also
cause a copy of such notice to be transmitted to the Marriage Officer of the
district within whose limits such party is permanently residing, and that
Marriage Officer shall thereupon cause a copy thereof to be affixed to some
conspicuous place in his office. (section 6)
Objections to be raised within 30 days of the publication of the notice.
(section 7)
If objection made under section 7 then enquiry to be done by the
marriage officer- which shall be completed within 30 days,- if on the
basis of the objection the marriage officer refuse to solemnize the
marriage then the parties can prefer appeal in district court within
30 days of the receipt of refusal ( section 8)
The marriage may be solemnized at the office of the Marriage Officer, or at such
other place within a reasonable distance therefrom as the parties may desire, and
upon such conditions and the payment of such additional fees as may be prescribed.
(section 12)
New notice to be issued when marriage not solemnized within 3 calendar months
from the date of notice.
REGISTRATION OF
MARRIAGE SOLEMNIZED
UNDER ANY OTHER LAW
SECTION 15
a) ceremony of marriage has been performed between the parties and they have been living
together as husband and wife ever since;
(b) neither party has at the time of registration more than one spouse living;
(c) neither party is an idiot or a lunatic at the time of registration;
(d) the parties have completed the age of twenty-one years at the time of registration;
(e) the parties are not within the degrees of prohibited relationship: Provided that in the case
of a marriage celebrated before the commencement of this Act, this condition shall be subject
to any law, custom or usage having the force of law governing each of them which permits of
a marriage between the two; and
(f) the parties have been residing within the district of the Marriage Officer for a period of not
less than thirty days immediately preceding the date on which the application is made to him
for registration of the marriage.
VOID MARRIAGE – SECTION
24
Bigamy
Insanity/ impotency
Prescribed age
Prohibited degrees
VOIDABLE MARRIAGE-
SECTION 25
Voidable marriages.—Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of
nullity if,—(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate
the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract
Act, 1872 (9 of 1872): Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is
satisfied,—(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner
of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall
not grant a decree if,—
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the
fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after
the coercion had ceased or, as the case may be, the fraud had been discovered.

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MARRIAGE UNDER

SPECIAL MARRIAGE DR. SAMREEN HUSSAIN

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