Introduction
India is a diverse country with a variety of religions and castes. The Constitution of India ensures and protects the people of India, to profess, practice and propagate their religion. Each religious community has its own personal laws. For example, we have Hindu Marriage Act for solemnisation of Hindu Marriages. Every citizen of India is abound by a personal law of his or her religion.
Indian Constitution upholds fraternity and unity and secularism. It considers no religion as superior to others. It insists people to respect every religion. But no matter how much one respect another religion there are some situations when one finds it difficult to accept another religion. One of those situations being marriage.
From earlier time itself, people of different religions and castes are expected to marry within themselves. It was forbidden for a person to marry another from different religion or caste. But in the modern world, where people find their life partners themselves without considering the other person’s religion or caste, the tradition is changing. The question that remains are about the rights of these people getting married from different communities. No personal law in India explains inter-religious or inter-caste marriages. Therefore, a special statute was formed by the Parliament- The Special Marriage Act,1954.
About the Act
The Special Marriage Act, 1954 is an Act enacted by the Parliament of India to provide for a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. The special forms of marriages being inter-religious and inter-caste marriages. It is Act No. 43 of the year 1954. It was enacted in 9th October, 1954 and came into force on 1st January, 1955. It consists of 8 Chapters, 51 Sections and 5 Schedules. It replaced the old Act III of 1872 which was introduced by Henry Sumner Maine because the old Act III was found inadequate for certain desired reforms.
Objectives of the Act
The Special Marriage Act,1954 has the following objectives:
1. To provide a special form of marriage in certain,
2. To provide for registration of certain marriages and
3. To provide for divorce.
This Act allows the parties to marry without renouncing their religion.
Applicability
The Act extends to the whole of India and Indians living abroad. Any person irrespective of caste or religion can solemnise marriage under this Act.
Conditions for Marriages under the Act
The conditions of a valid marriage under this Act are explained in Section 4 of Special Marriage Act, 1954. They include,
• Neither party should have a Spouse living
• The parties should have the mental capacity to be able to give a valid consent for marriage • The groom should be 21 years old and the bride should be 18 years old.
• The parties should not fall under the degree of prohibited relationships.
Procedure or Requirements of Marriage under this Act.
Like other personal laws, this Act does not recognise any rites or ceremonies of marriage. The parties should be willing to marry each other. They must file a notice under this Act, with the district’s Marriage Registrar stating their intention to marry each other in which at least one of the parties to the marriage has lived for at least 30 days prior to the date on which such notice is filed. After the expiry of 30 days from the date of issue of notice, the marriage is said to be solemnized if there are no objections to the marriage by anyone during the period of 30 days. If the objection is reasonable the marriage can be cancelled. The parties to the marriage can then file a suit in civil court within 30 days of cancellation objecting the same.
But if there are no objections then the parties must give their consent to marriage before the marriage officer and three witnesses for a valid marriage. The parties to marriage are provided with a certificate of marriage which proves their solemnisation of marriage.
Matrimonial Remedies under this Act
The Acts provides the parties to marriage with rights and remedies.
1. Succession
Succession of the properties of persons married under this Act or their children are governed by Indian Succession Act, 1925. If the party to marriage is Hindu ( Hindu, Jain, Sikh, Buddhist), then Succession is governed by Hindu Marriage Act, 1956. This is explained under Section 21 of Special Marriage Act, 1954.
2. Nullity of Marriage
Sections 24 and 25 of the Act explains void and voidable marriages respectively. A marriage under this Act is void if the conditions under Section 4 of the Act are not fulfilled. And a marriage under this Act is voidable under circumstances like non-consummation of marriage, pre-marriage pregnancy or if the consent to marry is obtained under coercion or fraud. 3. Legitimacy of Children
Section 26 of the Act states that the children from void or voidable marriages under this Act are legitimate and have right to properties of their parents and not from any other person’s. 4. Divorce
Section 27 of the Act explains divorce. The parties to the marriage can file a divorce petition after 1 year expiry of their marriage from the date of solemnisation of their marriage. The grounds of divorce includes adultery, cruelty, desertion, imprisonment, unsoundness of mind, general diseases, leprosy or if one of the party to marriage is not heard as being alive for 7 years. The wife have special grounds of divorce when the husband is guilty of rape, sodomy or bestiality.
If the divorce is mutual, then both parties must file the petition for divorce in the District Court together. They must have lived separately for a period of one year or more. They must not be Able to live together and must have agreed to dissolve the Marriage mutually.
Inconsistencies in Special Marriage Act,1954.
Pranav Kumar Mishra v. Govt. of NCT, Delhi.
In this case the constitutionality of certain provisions of Special Marriage Act was challenged. These is the provision where the notice is published for obections. Justice S. Ravindra Bhat observed that the unwarranted disclosure of matrimonial plans by two adults entitled to solemnise it may , in certain situations, jeopardize the marriage itself. In certain situations it may endanger the life or limp of one or the other parties due to parental interference.
Critical Analysis
Special Marriage Act allows people to marry from different castes and religions. No rights of the parties to the marriage are neglected when solemnising their marriage under this Act. All the matrimonial remedial available in any other personal law are also available in this Act. But such an Act might encourage the youth to marry without their parents’ permission. Consequences aside, sometimes the parties may not be matured enough to take such decisions and may decide to marry in the moment. Though their rights are protected, failure of such marriages may spoil the couple’s life.
Conclusion
The Special Marriage Act,1954 allows any person to marry another irrespective of their religion or caste. One should not have to necessary renounce or convert to their partner’s religion to marry and live together. All the rights and remedies that are available in n any other personal laws are also available in Special Marriage Act. One of the speciality of this Act is that the marriage shouldn’t necessarily be an inter-religious or inter-caste marriages. Any person can solemnise marriage under this Act.
About the author –
This article is authored by Nandana Prabhakar, 3rd year law student at Nehru Academy of Law, Palakkad, Kerala.
