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Writer's picturethelila500
Feb 10, 20233 min read

What Is the Criterion Required For Court Marriage under Special Marriage Act

Religious laws in India have not been able to accommodate and regulate marriages between interfaith or inter-caste couples who do not want to associate with and solemnize their marriage in accordance with any specific religious laws since the Hindu Marriage Act of 1955, or the registration of marriages under Muslim personal laws, since the colonial era.


The British Government in India adopted the Special Marriage Act, 1954, 1872, in response to this impediment that prevented two consenting, suitable adults from getting married, in order to uphold the treasured value of secularism in society.


Thus, in order to ensure that the secular fabric of the country remained tightly knit after it had been severely torn by the effects of the partition of 1947, the current Special Marriage Act, 1954, 1954, was framed and implemented along the lines of the colonial statutory provision in newly independent India.


Edward Henry Act III of 1872 was first proposed by Maine and would have allowed any dissenters to wed whoever they desired under a new civil marriage statute. The law's intended purpose was to allow marriages for individuals who were willing to completely relinquish their profession of faith ("I do not profess the Hindu, Christian, Jewish, etc. religion").


It is applicable in intercaste and inter religious unions. Local authorities and administrators opposed the bill because they thought it would promote lust-based unions, which would surely result in immorality.

Application of the Act:


All Indian states and Indian nationals abroad are covered by the Special Marriage Act of 1954. This Act allows for the marriage of people of all faiths, including Muslims, Hindus, Parsis, Sikhs, and Christians. The Act covers intra-faith marriages as well as inter-religious, inter-caste, or love marriages and offers the option to register unions consummated in line with the couple's domestic laws.


The Special Marriage Act of 1954 does not require the performance of any rituals or ceremonies; rather, the only prerequisite for marriage is that two people have permission from each other. Personal laws, whether Hindu or Muslim law, require the fulfillment of customs and ceremonies to solemnize the marriage.


The Special Marriage Act of 1954's requirements:


A marriage cannot be solemnized until certain conditions are met, according to the Special Marriage Act, 1954 of 1954. Chapter II, Section 4 provides a description of these requirements. The requirements for this specific type of marriage are very similar to Section 5 of the Hindu Marriage Act, 1955, and are not dissimilar from those for regular customary marriages.

  • First, neither party should be married to a live spouse; rather, both should be monogamous at the time of marriage.

  • Second, both parties must be of sound mind, free from any mental disorder, and capable of making their own decisions. Neither party may have a history of frequent episodes of insanity.

  • Third, at the time of marriage, the male must be at least twenty-one years old and the female must be at least eighteen.

  • Fourth, the parties must not be related by blood, or within the prohibited degrees of kinship.

The Act's goal is to create uniform legal protections for people who want to wed outside of their caste or religion. The Act advances the interests of all Indians by creating a mechanism for interfaith unions. The Act specifies requirements for a legitimate marriage, the dissolution of an interfaith union, marriage registration requirements, and other rules.

As a result, the aforementioned legislation was passed in an effort to uphold people's fundamental rights and give them the freedom to choose their spouses. The Act also aims to recognise the rights of children born from such marriages and lessen the possibility of social problems like love jihad and honor killing.


For a marriage to be recognized under this Act, the parties must register a notice of their intention to wed with the district's marriage registrar in a district where at least one of the parties to the marriage has resided for at least 30 days prior to the day on which the notice is filed. The marriage is then referred to as being solemnized when 30 days have passed since the date that such notice was published.


If the couple lives in Indore then Court Marriage Lawyers in Indore should be consulted. Likewise, Court Marriage Lawyers in Mumbai can also be consulted if the couple lives in Mumbai. Moreover, if the couple lives in Agra then Court Marriage Lawyers in Agra can be consulted.


You can contact Lead India. We have experienced attorneys who provide free legal advice online. Talk to a lawyer and ask a legal question to solve your problem.


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