Special marriage act, 1954 bare acts law library advocatekhoj. Buy special marriage act, 1954 book online at best prices in india on. Full text containing the act, special marriage act, 1954, with all the sections. 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. Special marriage act 1954 complete act citation 51964. Intercaste marriage is a marriage between people belonging to two different castes. Special marriage act, 1954 sections15 to 18 hello counsel. Under the special marriage act, 1954 any two peoples can play out a marriage. The act originated from a piece of legislation proposed during the late 19th century. The marriage performed under the special marriage act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements. Solemnization of marriage under special marriage act, 1954. Oct 29, 20 the special marriage act was passed in 1954 by the indian parliament as an extension of the british law. Marriage is considered a sacred institution in the indian subcontinent. Matrimonial relief under the special marriage act, 1954.
Registration of marriages celebrated in other forms. The special marriage act deals with inter caste and interreligion marriages. The fundamental purpose of the act was to provide special type of marriage, registration of marriage and divorce in certain cases stated in the legislation. Marriage and its registration under special marriage act. The special marriage act, 1954 was passed in the year 1954 and came into force from 1st january,1955. Under the act a marriage must be in a common marriage shape.
Buy the special marriage act, 1954 201920 session book online at best prices in india on. The special marriage act, 1954legislative department ministry of. On a certificate being entered in the marriage certificate book by the marriage officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this act has been solemnized and that all formalities respecting the signatures of witnesses have been complied. Buy special marriage act, 1954 lawmanns book online at low. Special marriage act, 1954 sections4 to hello counsel. Buy special marriage act, 1954 lawmann s book online at best prices in india on.
The special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals. Provided that the district court may, upon application being made to it, allow a petition to be presented 2before one year has passed. Special marriage act procedure in chennai,tamilnadu special marriage act was passed in 1954 and it focuses on providing a special form of marriage for people of india and indian nationals in foreign countries, without considering the religion or faith followed by the bride and the groom. The special marriage act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. Buy special marriage act, 1954 book online at low prices. Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this chapter the marriage officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days. The parties to the marriage and the three witnesses sign this certificate.
India is a diverse country and thus has people from a number of religions and cultures who call this country home. Under this scheme, the brides will get rs 30,000 from the state govt to buy gold, upon registration of their marriages under the special marriage assam rules, 1954. The marriage officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the marriage notice book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same. How to register marriage under special marriage act in india. The special marriage act, 1954 extends to the whole of india except the state of jammu and kashmir, but also applies to the citizens of india domiciled in jammu and kashmir. Marriage under special marriage act,1954 indian family law duration. Studies in the hindu marriage and the special marriage acts. 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. Sep 27, 2018 registration of marriage celebrated in other forms. Buy the special marriage act, 1954 201920 session book. Divorce structure of the hindu marriage act,1955 and special marriage act,1954 1555. Conditions relating to solemnization of special marriages. Special provisions relating to trial and disposal of petitions under.
This is a submission on the options thus given to a party frustrated by hisher marriage under the special marriage act, 1954 nullity of marriage the concept of a marriage being a nullity from the very beginning or being annulled subsequent to the marriage is a concept of english origin from the times of the ecclesiastical courts which. Jul 30, 2011 the special marriage act an introduction. After the marriage has been solemnized the marriage officer shall offer a certificate in the marriage certificate book. Any marriage celebrated other than a marriage solemnized under the special marriage act, 1872 or under the special marriage act, 1954 may be registered under chapter iii of the act by a marriage officer if the following conditions are fulfilled. Marriage in india under the special marriage act the indian special marriage act 1954.
Special marriage act, 1954 updated 2019 writinglaw. Special marriage act 1954 forum for social justice and. The special marriage act, 1954, i term it as sma aims to provide for a special form of marriage, its registration and for divorce. No petition for divorce shall be presented to the district court 1unless at the date of the presentation of the petition one year has passed since the date of entering the certificate of marriage in the marriage certificate book. Divorce by mutual consent under the special marriage act. Special marriage act 1954 complete act citation 4199. Buy special marriage act, 1954 lawmanns book online at. Be it enacted by parliament in the fifth year of the republic of india as follows. The parliament introduced the special marriage act, 1954 which allows for a special form of marriage for the people of india to marry irrespective of their religion.
To safeguard the interest of people, who defy the social practises and decided to marry someone outside their caste or religion, the special marriage act, 1954 was created. An act to provide a special form of marriage in certain cases, for the registration of. Section4 conditions relating to solemnization of special marriages. Marriage notice book and publication 1 the marriage officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the marriage notice book, and such book shall be open for inspection at all reasonable times, without fee, by. In india, all marriages can either be registered under the respective personal law hindu marriage act, 1955muslim marriage act, 1954 or under the special marriage act, 1954. The special marriage act, 1954 accommodates a common marriage of two. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the 1special marriage act, 1872 iii of 1872 or under this act, may be registered under this chapter by a marriage officer. The special marriage act, 1954 the act, was enacted to provide a special form of marriage, to persons in india, and indian nationals abroad, irrespective of the faith which either party to the marriage may profess. 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. On a certificate being entered in the marriage certificate book by the marriage officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.
Aug 11, 2014 the marriage solemnized under this act of any member of an undivided family who professes the hindu, buddhist, sikh or jaina religion shall be deemed to effect his severance from such family. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals in foreign countries, irrespective of the religion or faith followed by either party. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 or under this act, may be registered under this chapter by a marriage officer in the territories to which this act. Oct 16, 2018 india follows a rigid structure of the caste system, and interreligion marriage is still considered a taboo in the country. Special marriage act, 1954 mylegalwork online legal help. Watch in 360 the inside of a nuclear reactor from the size of an atom with. Aug 11, 2014 marriage under special marriage act, 1954 indian family law duration.
The special marriage act was passed in 1954 by the indian parliament as an extension of the british law. Special marriage act, 1954 43 of 1954 section 272ii appellant wife has been proceeded ex parte on account of her failure to appear before the court to contest the petition despite service through publication the ex parte proceedings against the appellantwife, which had ultimately culminated into the decree of divorce matrimonial relationship between the parties has been. The special marriage act, 1954 chapter i preliminary 1. This provides a special form of marriage for the people of india and indian nationals in foreign countries, irrespective of the caste and religion they follow. Be it enact by parliament in the fifth year of the republic of india as follows. Now it is very important that every indian should know at least some of the basic things about the special marriage act. Special marriage act, 1954 mylegalwork online legal. Solemnization of marriage under special marriage act, 1954 the special marriage act was enacted to provide a special form of marriage by any person in india and all indian nationals in foreign countries irrespective of the religion either party to the marriage may profess. Buy special marriage act, 1954 book online at low prices in. The marriage solemnized under this act of any member of an undivided family who professes the hindu, buddhist, sikh or jaina religion shall be. Since the passing of the hindu marriage act, various suggestions for amending the same as well as the special marriage act, 1954, were received from some members of parliament and the general public. An act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.
To encourage marriage registration, the assam government has initiated the arundhati gold scheme from 1st january 2020. Provided that the district court may, upon application being made to it, allow a petition to be presented 2before one year has passed on the ground that the case. India follows a rigid structure of the caste system, and interreligion marriage is still considered a taboo in the country. A marriage under the special marriage act, 1954 allows people from two different religious backgrounds to come together in the bond of marriage. When a marriage is intended to be solemnized under this act, the parties of the marriage shall give notice thereof in writing in the form specified in the second schedule. Download pdf for special marriage act, 1954 colourful and systematic 2 it extends to the whole of india except the state of jammu and kashmir, and applies also to citizens of india domiciled in the territories to which the act extends who are in the state ut of jammu and kashmir. Any marriage celebrated other than a marriage solemnized under the special marriage act, 1872 or under the special marriage act, 1954 may be registered under chapter iii of the act by a marriage officer if. Finally, this shall be the definite evidence of the marriage.
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