The Special Marriage Act, 1954, enacted by the Parliament of India, offers a unique form of marriage accessible to all Indian nationals, regardless of their religion or faith. Originating from a legislative proposal in the late 19th century, this Act replaced the inadequate Act III of 1872.
Background and Objectives
Introduced by Henry Sumner Maine, Act III of 1872 aimed to legitimize marriages for dissenters willing to renounce their religious affiliations. However, it faced opposition due to concerns about encouraging marriages based solely on lust.
The Special Marriage Act, 1954, replaced Act III, 1872, with three primary objectives:
- Providing a special form of marriage
- Facilitating the registration of certain marriages
- Addressing divorce proceedings
Applicability and Requirements
The Special Marriage Act, 1954, applies to:
- Individuals of any religion
- Inter-caste and inter-religion marriages
- All territories of India (excluding Jammu and Kashmir)
- Indian nationals residing abroad
Key requirements for marriages under this Act include:
- Submission of a Notice of Intended Marriage to the Marriage Registrar
- Solemnization at a specified Marriage Office after a waiting period of thirty days
- Declaration of consent by both parties and witnesses
Conditions for Marriage
Marriages under the Special Marriage Act, 1954, must adhere to the following conditions:
- Both parties must be unmarried
- The bridegroom must be at least 21 years old, and the bride must be at least 18 years old
- Both parties must be mentally capable of giving valid consent
- The parties must not be within the prohibited degree of relationship
With its inclusive approach and straightforward procedures, the Special Marriage Act, 1954, provides a legal framework for marriages that transcend religious and cultural boundaries.