What are the salient features of the Special Marriage Act?

The Special Marriage act was passed in 1954. It was passed with an intention to regulate marriage between two individuals (of the opposite sex) irrespective of their caste or religion . It applies to the whole of India except for the states of Jammu and Kashmir.

What is special marriage act in India?

The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage (or “registered marriage”) for people of India and all Indian nationals in foreign countries, irrelevant of the religion or faith followed by either party.

What is the difference between Hindu Marriage Act and Special Marriage Act?

The HMA is applicable only to the Hindus who are living in India. The SMA is applicable to all the citizens of India irrespective of caste, race, religion, ethnicity, etc. It means males and females of two different religions can marriage under the special marriage Act of 1954.

Is Special Marriage Act legal in India?

All marriages in India can be registered under the respective personal law Hindu Marriage Act, 1955, Muslim Marriage Act, 1954, or under the Special Marriage Act, 1954. It is the duty of the judiciary to ensure that the rights of both the husband and wife are protected.

What is section 13 of Special Marriage Act?

(1) When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three …

What is the object of special marriage?

The marriages solemnized under the Special Marriage Act are not governed by personal laws. The main objective of the Act is to address inter-religious marriages and to establish marriage as a secular institution lacking all religious formalities which required registration alone.

Can two Hindus married under Special Marriage Act?

The Special Marriage Act, in S. 21-A clearly states that if a special or civil marriage takes place between two persons both of whom are Hindus, Buddhist, Sikh or Jain, such persons continue to be governed by other aspects of Hindu personal law, such as the law relating to succession.

Which is a ground of void marriage under section 11?

Description: (1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely: 1[(a) that the marriage has not been consummated owing to the imporence of the respondent; or] (b) that the marriage is in …

Can I do second marriage without divorce in India?

No, it is illegal. Under Section 494 of the Indian Penal Code, if a person marries a second time, without a divorce, while their spouse is alive, the marriage is considered bigamy, which is a punishable offense.

What is Section 15 Special Marriage?

Free for one month and pay only if you like it. (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.

What is Section 4 of Special Marriage Act?

Section 4 : Conditions relating to solemnization of foreign marriages – a marriage between parties one of whom at least in a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, viz – a) neither …