Monday, 17 August 2009

Special Marriage Act, 1954

Special Marriage Act allows any two individuals to marry (including intercaste marriages), irrespective of their religion, caste and nationality. It even applies to people living abroad, with Indian nationality. Therefore, any marriage under the Special Marriage Act is a Civil Marriage by registration. However, there are some conditions to be fulfilled under this act.

Neither party should have a living husband or wife.
Neither party should be a lunatic or insane.
The bridegroom should not be less than 21 years of age whereas the bride must be 18 years old.
The parties should not be involved in any prohibited relationship.
Both parties should be the citizens of and domiciled within the territories mentioned in the Act.

Marriage Ceremony

Notice must be given by the bride and bridegroom to the Marriage Officer of the district, with one of them residing immediately previous to the notice for atleast 30 days.
Marriage Officer records the notice and sends a copy to the Marriage Officer of the District.
30 days time is given for any person to raise any objections to the intended marriage.
From the date of receipt of any objections, the Marriage Officer should enquire into the same, within 30 days.
If the objections are found valid, either party to the intended marriage may appeal to the District Court, whose decision shall be binding.
In case there is no objection or the objection is rejected, the parties with 3 witnesses sign in presence of the Marriage Officer, declaring they are unmarried and are not related within prohibited degrees.
The marriage is then solemnized in any form which parties choose to adopt. The form must have the following declaration by each party to the effect; "I take thee to be my lawful wife (or husband)." The parties and 3 witnesses then sign the certificate of solemnization. This certificate is conclusive certificate of solemnization.
The solemnization should be completed within 3 months from the date of notice, failing which the notice lapses and a new notice needs to be issued.

5 comments:

Ravikumar said...

if a lower cast person married with upper cast women, in future which category belongs their kids, does they mentioned his kids in general category while admission to school

Anonymous said...

If the guy is a Muslim 20yrs old and the girl is Maharashtrain 18yrs old,both love each other a lot and the girl will change her caste to Muslim after gettng married and somehow the guy's family will agree for the marriage if the girl change her caste but the girl's family has a problem because of caste problem so what should be the correct move for them to move so they can get married nicely and safely without any problems.
Do answer for my query please.

Vimlesh Tailor said...

Thanks for sharing the famous stories about it. I enjoyed reading as well as learned too.
problems in inter caste love marriage

Avni said...

lovers face many problems in their relationship .They are too much loves each other and can`t live without his/ her . many problems rise in their relationship like their parents do not agree , inter cast marriage, ex love back A marriage specialist can provide you best guidance to convince your parents.

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