A vast, complex nation, India is home to numerous faiths, governed by specific customs and beliefs. One of the most important pieces of legislation in the country includes the Special Marriage Act of 1954 which allows individuals belonging to different religions to have a legal marriage, that transcends social differences. It upholds an Indian citizen’s right to marry a person of their choice. Advocate Shradha Karol, who practices at the Supreme Court, Himachal Pradesh High Court and the Delhi High Court shares her insights on this act, which is deemed progressive and inclusive.
Q. What is the ‘Special Marriage Act’?
Shradha Karol (SK): The Special Marriage Act, 1954, is an Indian legislation allowing marriage between individuals of different religions or nationalities. It provides a legal framework for marriages that are not governed by personal laws like Hindu, Muslim, Christian, etc. Key features of the Special Marriage Act include:
– Inter-Religious and Inter-Caste Marriages: It allows couples of different religions or castes to marry without converting to the religion of either spouse.
– Procedure: The Act specifies the procedure for solemnising the marriage, including notice of intention to marry, objections, and registration.
– No Religious Ceremony Required: Unlike traditional marriages under personal laws, ceremonies or rituals are not mandatory under the Special Marriage Act. The marriage can be solemnised in a simple manner.
– Registration: Marriage under this Act requires registration, and it provides legal recognition.
– Rights and Obligations: Upon marriage, couples are entitled to the same rights and obligations as in any other marriage under personal laws, including inheritance rights, succession, and adoption.
Overall, the Special Marriage Act aims to provide a secular and uniform law for marriage, ensuring equal rights and opportunities for individuals from different backgrounds to marry and have their marriage legally recognised.
Q. Who is eligible to get married under the Special Marriage Act?
SK: This Act allows marriage between persons of different religions or nationalities, and it provides a secular alternative to religious ceremonies regulated by personal laws. It is often chosen by couples who wish to have a civil ceremony rather than a religious one.
Under the Special Marriage Act of 1954 in India, the following criteria determine eligibility for marriage:
Age
– The groom must be at least 21 years old.
– The bride must be at least 18 years old.
– Both parties should be of sound mind, capable of giving valid consent, and not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two.
Relationship
– They should not be within the degrees of prohibited relationship. This includes relationships such as parents, children, siblings, etc., unless the customs or traditions governing either of them allow such a marriage.
Registration
– Both parties must give notice of the intended marriage to the Marriage Officer of the district in which at least one of them has resided for at least 30 days immediately preceding the date of the notice.
Witnesses
– The marriage must be solemnised in the presence of a Marriage Officer and three witnesses.
Q. What are the key differences with the Hindu Marriage Act And What Are The Common Misconceptions About SMA?
SK: The Special Marriage Act applies to all citizens of India irrespective of religion. Whereas, the Hindu Marriage Act (HMA) applies specifically to Hindus, Buddhists, Jains, and Sikhs. It requires the ceremonies to follow specific customs and rituals.
A 30-day notice is required for the Special Marriage to be solemnised. It also mandates registration while it is not the case in Hindu Marriage as per the respective. The Divorce in the Special Marriage Act is governed by the Indian Divorce Act, 1869, which applies uniform grounds for divorce across religions. The Hindu Marriage Act provides specific grounds for divorce based on Hindu beliefs and customs.
Some of the misconceptions are as follows:
– While the SMA is commonly chosen for inter-religious marriages, it applies to all marriages not performed under personal laws, irrespective of religion.
There is a misconception that registration under the Special Marriage Act is complex and lengthy. But if you have the right legal knowledge via a consultant, registration is straightforward and ensures legal validity, protecting the rights of both parties.
Q. Hindu Marriage Act vs Special Marriage Act – Breakdown Of Marriage
SK: Maintenance for a wife under the Special Marriage Act (SMA) and the Hindu Marriage Act (HMA) is governed by different provisions, although both acts aim to ensure financial support for the wife in case of marital breakdown.
Maintenance under Section 36 of the SMA, either spouse (husband or wife) can apply to the District Court or a Magistrate for maintenance during and after the proceedings of the marriage.
– Maintenance can be awarded based on the financial needs of the wife and the ability of the husband to provide support.
– The court may also consider factors like the wife’s income, her property, and any other relevant circumstances.
Since either of the spouses can apply for it, this becomes a gender-neutral provision.
Under Section 24 of the HMA, either spouse (husband or wife) can seek maintenance pendente lite (during the pendency of the case) and/or permanent alimony and maintenance after the divorce is finalized. The court considers factors such as the financial status of both parties, their conduct during the marriage, and any other relevant circumstances. Again, making to be gender neutral provision.
Maintenance under the HMA is often influenced by Hindu personal law, which includes customs and traditions specific to Hindu marriages and society. The court may take into account customary practices and expectations in determining the amount and duration of maintenance. By virtue of that, a man is the keeper of the house and family. The wife and children tend to get priority for maintenance.
The SMA allows for more flexibility in filing for maintenance independently of divorce proceedings, whereas HMA often integrates maintenance claims with divorce or judicial separation cases.
