Authored By – Simran
MARRIAGE UNDER A SPECIAL MARRIAGE ACT
Table of Contents
INTRODUCTION
The Special Marriage Act covers inter religious and inter cast marriages. When a marriage occurs between two persons from different castes, it is called an inter caste marriage. Gone are the days when people blindly followed their parents’ wishes and married where they pleased. Nowadays, young people have their say and would rather marry someone who fits them better than coming from the same tribe or religion as them. It is they themselves who will live with this person throughout their lives; therefore, caste or religion does not play a major role anymore. Since all religions are equal there should be no opposition to such marriages between any of them. And if lower castes are considered inborn rather than selected, why do we despise those belonging to them? In India with its diversity such incidents happening is a great pity. So it’s unique law that was passed i.e. The Special Marriage Act which allows for certain kind of marriage through registration without compelling either party to give up his religious beliefs.
CONDITIONS
The pomp and ceremony that accompany Indian weddings as sacred unions make these requirements unnecessary under the Special Marriage Act. For a valid customary marriage under this Act must both parties voluntarily agree thereto or consent thereto, otherwise there shall be no legal marriage at all between the couple concerned. Let us think about one situation when both partners wish to get married; in this case, even some things like race, religion and others can’t stand on their way to happiness.
In order to get married under this Act, the parties must register a notice with the Marriage Registrar of the district where any of the parties has lived for thirty days immediately preceding the date on which notice is filed stating the intention of getting married by these individuals respectively.. After thirty days have elapsed since giving of such notice then solemnization takes place afterwards this period is considered as having lapsed for purposes thereof unless- In so determining whether or not he/she may oppose an alliance due to family discord, the Registrar can dissolve such a union when he/she feels this is in order. The parties must also say “I do” in front of a marriage officer and at least three other persons able to witness the solemnization.
These are basic conditions that every Indian should know about for a valid marriage under the Special Marriage Act.
CIRCUMSTANCES
There isn’t much distinction between these unique forms of marriages and the ones that normally happen around caste lines in terms of requirements. The requirements therefor getting married under this Act are as follows: –
The bridegroom shall have attained 21 years while the bride ought to be at least 18 years old at time of marriage. These ages correspond to those at which men and women respectively must marry.
When they get married, both partners have to be monogamous, meaning they can’t be married or have a spouse who is still alive at that time. Parties must be capable of contracting the marriage on their own behalf and should not be suffering from any mental disorder which may affect their decision making ability at the moment when it’s being celebrated.
They should not be related by blood; that is, they mustn’t enter into any forbidden relationships as this could lead to a breakdown of their marriage.
Modifications following the passage of India’s Special Marriage Act
This Special Marriage Act was necessitated by urgency, because it is well known in our country that inter-caste and inter-religious marriages are still not highly regarded. When we reflect on what benefits arise out of such marriages, it’s clear how these weddings have strengthened our national integrity. Now people prefer others’ gender, caste or ignore community aspect of it as opposed to previous trends. In many instances, higher caste members fall in love with and marry lower castes persons. It’s only the degree of love and affection they share that matters irrespective of one’s social status or group affiliation. As a result, through these marriages which promote equality among the population endeavor more to relate with one another and accept or accommodate individual differences amongst them. It shows to others about how affection and honor for each other can create generations free from cast systems with all its effects.
Children’s legitimacy
When the requirements are not fulfilled, a marriage is deemed null and void. Offspring from these marriages that would have been lawful had the marriage been valid will be lawful regardless of when the Marriage Laws (Amendment) Act, 1976 (68 of 1976) went into effect, whether or not a decree of nullity is issued in relation to that marriage under this Act, and whether or not the marriage is declared void other than upon a petition under this Act as specified in Sec. 26 of the act.
Utilisation of Succession Rights
The Indian Succession Act will control the property succession of individuals married under this act, or any marriage registered under this act, as well as that of their offspring. This is another crucial aspect of SMA that every Indian should be aware of. However, the Hindu inheritance Act shall control the inheritance to the married spouses’ property whether they practise Buddhism, Sikhism, Jainism, or Hinduism.
Limitations on Divorce in the First Year of Marriage
This is an essential section of the Special Marriage Act that all people who enter into it must comprehend. They cannot seek for divorce in District Court until one year has passed from their date of marriage as registered in the marriage books. However, it is possible for a petition for divorce if such court finds that the petitioner has suffered serious hardship or when this respondent shows gross depravity. On the other hand, where a petitioner makes any false statement to bring his/her divorce application prior to one year period then court may be, if an order has been made by it make it effective only after expiry of one year.
CONCLUSION
Thus, it is clear that the general and statutory principles of the Special Marriage Act discussed above are crucial for all citizens regardless of whether or not they have been married under it. This is to ensure that everyone has a better understanding of law and consider marriages between different castes and religions equal to marriages within one’s own caste. My hope is that through this post, I have effectively shown why this law is important to every Indian. No doubt, if implemented, the country will develop considerably and there will be no place for such crimes as honor killings or tortures.
