The Special Marriage Act Of 1954 Was Established To Protect The Rights Of Persons Who Reject Societal Conventions And Choose To Wed Someone Who Is Not Of Their Caste Or Religion. Regardless Of Caste Or Religion, This Offers A Unique Kind Of Marriage For Residents Of India And Indian Citizens Living Abroad.
The Special Marriage Act Was Established To Encourage Inter-Caste And Interreligious Marriages In Which Neither Party Had To Renounce Their Religion In Order To Wed The Other. They Could Still Register While Keeping Their Religious Identity.
Marriages Between Different Religions Are All Covered Under This Law. And It Is Applicable To Every Indian Person, Whether In India Or Abroad. As A Result, There Is No Special Court For Marriages Between People Of Various Faiths; Instead, There Is A Standard Procedure For Marriage, Regardless Of Your Religion.
Criteria For The Special Marriage Act Of 1954
A Court Marriage Cannot Be Solemnized Until Certain Conditions Are Met, According To The Special Marriage Act Of 1954. Chapter Ii, Section 4 Of The Act 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 Of 1955 And Are Not Dissimilar From Those For Traditional Customary Marriages.
- Neither Party Should Be Married To An Existing Spouse; Both Should Be Faithful At The Moment Of Marriage.
- Both The Parties To The Court Marriage Must Be Of Sound Mind, Free From Any Mental Disorder, And Capable Of Making Their Own Decisions. Neither Party May Have A History Of Increased Frequency Of Insanity.
- At The Time Of Marriage, The Boy Should Be At Least 21 Years Old, And The Girl Must Be At Least 18 Years.
- The Parties To The Court Marriage Must Not Be Related By Blood Or Within One Of The Banned Degrees Of Relationship.
As A Result, The Union Will Be Void If Any Of The Requirements Listed In Section 4 Of The Act Are Breached And Not Followed.
Procedure Of Court Marriage Under The Special Marriage Act Of 1954
Unlike Traditional Marriages, The Special Marriage Act Does Not Call For Any Extravagance, Display, Or Ceremony. The Permission Of Both Parties To The Union Is All That Is Necessary For A Legal Marriage Under This Act. It Will Work If Both Parties Are Willing To Get Married.
The Following Steps For Filing And Legally Marrying In Court Are Outlined Under The Special Marriage Act. They Are-
- The Marriage Registrar In Which Either Partner Has Stayed For The Past 30 Days Must Receive A Written Application From You.
- The Marriage Registrar Provides A 30-Day Notice Period Before Accepting Objections To The Planned Couple’s Marriage.
- The Marriage Officer Must Keep A Marriage Notice Book With All The Information About The Prospective Marriage If There Exists No Objection.
- After 30 Days Have Passed Since The Date The Notice Was Published At The Office Of The Marriage Registrar, If There Are No Objections, The Marriage May Be Solemnized.
- In The Marriage Notice Book, Which The Parties Must Sign To The Marriage And Three Witnesses, The Marriage Officer Records All The Pertinent Information.
Objection, If Any:
- The Individual Who Raised The Objection Signs The Marriage Book Entry Containing The Objection.
- The Marriage Registrar Has The Authority To Look Into The Legitimacy Of The Objection.
In Order To Carry Out The Court Marriage Under The Special Marriage Act, You Will Need A Skilled And Professional Lawyer. You Can Hire Court Marriage Lawyers In Indore If You Wish To Get Married In Court There, And You Can Also Hire Court Marriage Lawyers In Agra If You Wish To Get Married In Agra. Similarly, Court Marriage Lawyers In Mumbai Can Be Hired To Carry Out The Court Marriage Under The Special Marriage Act Of 1954.
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