Different religious societies have been given different rights and duties regarding marriage in India. Personal law has been made different for people of all religions, such as Hindu Marriage Act 1955 and Hindu Succession Act for Hindu religion and Shariat law for Muslim community. This law works for the personal system of Muslims, such as marriage, succession, divorce, maintenance, adoption etc. Marriage is a human right, no community or system can forbid a person to marry. The systems of personal law hinder individuals in many cases and prevent them from marrying. Like the law of Sharia applicable to Muslim communities, marriage is possible only with two Muslims, but if one person is a Muslim and the other person is from another religion, then this law does not allow marriage.
India A revolutionary step has been taken in the Parliament of 1954. This is a law made by which any two people who come from different religions, come from different castes and between whom there can be age restrictions. That person can get married without any bond. The Constitution of India has made the option of a court marriage for these persons under this Act.
Special Marriage Act/Law 1954
The purpose of making this marriage act is to allow different caste and different religious marriages. If any two adult people do not come under prohibited kinship and they belong to any religion or creed, if they want to marry among themselves, then this liberal constitution of India provides full permission for those people to marry. . Even there is no compulsion to perform any rituals performed in marriage.
special marriage act Rules for getting married under 1954
Some rules have been laid down for organizing marriages under this act. Any person who is residing in India. If he fulfills the rules then he can get married. This marriage will be only between a man and a woman, as of now this act does not allow same-sex marriage, that man and woman can marry among themselves who fulfill these rules.
section of the act under 4
Neither of the parties should have a living ex-husband and wife. This rule means that no ex-husband or ex-wife of either party should be alive at the time of solemnizing this marriage. This section does not permit the second marriage to take place while the husband or the wife is alive. The implication of this rule in the Act is that neither party can enter into another marriage while the spouse is alive.
Neither party should have repeated attacks of manic
If a person is mentally ill and has frequent seizures of intoxication or is suffering from such mental illness, then that party shall not be allowed to marry under this Act.
Neither party should be of unsound mind
If the party is of unsound mind and cannot take any decision on his own, such parties are not allowed to marry under this Act.
The parties should not fall under prohibited kinship
Certain prohibited kinships have been mentioned in the schedule of the Act. This kinship has been prohibited keeping in mind the social morality. If any of the parties are related to each other such relations which are considered sacred in the society and sexual intercourse between those relations is considered very wrong. This kinship is prohibited under this Act from inter-marriage.
A post like marriage employee has been created under section 3 of the Act. The marriage worker is responsible for organizing the marriage of the parties after considering the applications for marriage that have come to him. This is a very important line of the Act. Such employee is appointed by the State Government under section 3 of this Act by notification in the Official Gazette.
registration of marriage
The importance of this Act is that any valid marriage solemnized by the two parties under this Act is permitted to be registered by the State Governments, and a certificate is produced which will be given to the parties at the time of solemnization of the marriage. goes . If any person wishes to marry under this Act, he can arrange the marriage by any means. For example, two parties can organize a marriage only by putting a garland on each other.
Information about the registration process of marriage
If any two parties want to get their special marriage registered under this Act, then the procedure for registration of such marriage has been explained under the Act. By adopting this process, any person can easily get his marriage registered.
giving written notice to the marriage worker
Under Section 5 of the Act, a written notice has to be given to the marriage worker. If the parties have been residing for one month in any district in which they have to give notice to the marriage worker, then they shall give such written notice to the marriage worker of that district through an application and this party will be willing to organize the marriage among themselves before the employee. and the parties will state in the application that we are doing this marriage by mutual agreement and free consent. There is no coercion by anyone in this marriage.
publication of marriage notice
According to Section 6 of the Act, if the Marriage Officer of any district receives an application from the parties desirous of marriage, then after receiving such application, the notice of marriage shall be published. In this publication he shall write the date fixed for the marriage and shall seek objections from the general public and/or find out whether any party is infringing on the rights of any other person, or whether the marriage is not under prohibited kinship.
to object to marriage
Any person whose rights are being infringed upon the marriage to be held under this Act shall be objected from the date on which the notice of marriage is published. Any person can object to such marriage within 30 days from that day. If he objects, the marriage is put on hold for investigation. If no one raises any objection, the marriage officer allows the marriage to take place on the date fixed for solemnizing the marriage.
marriage ceremony and witness
Under Section 11 of the Act, three witnesses are required to solemnize this marriage. These witnesses will become witnesses in the marriage and will declare this marriage according to the format given in the Act. The parties will organize the marriage on the date which has been fixed through the marriage officer and will marry in the way they want to marry. Will be able to do it .
Under this Act, if the marriage is solemnized on the prescribed date, a certificate is given by the marriage officer to the parties to the marriage and the marriage officer will enter the marriage in his register. There will be three witnesses on this register and this certificate will be signed by those three witnesses and this marriage will be certified under this Act by this certificate.
Marriages conducted in other ways can also be registered under this Act.
Under this Act, not only special marriages are registered, but such marriages are also registered which have taken place by some other custom. If the parties want, they can get their marriage registered under this Act. For this, an application will have to be made to the marriage officer of the district and the prescribed fee has to be deposited. The Marriage Officer shall produce a certificate of marriage to those parties under this Act. If the marriage is registered under this act, then the succession will also be applicable under the Indian Succession Act, but if Hindu Sikh Buddhist Jain is married to Hindu Sikh Buddhist Jain etc. then in such a problem the succession will be considered according to their personal law but The system of divorce and maintenance will be given under the Special Marriage Act. Any two parties are married under the system of Muslim marriage and if those parties want their marriage to be registered under this Act, then this Act allows them to register such marriage.
Rules of divorce and void marriage and void marriage
If any marriage has been registered under this Act, then the application for the annulment of such marriage, to declare such marriage as void and the parties to this marriage to obtain a certificate of dissolution of marriage, will be given in the District Court under this Act only. . If the marriage is taking place under this Act, then the divorce will also take place under this Act. The procedure for getting divorce under this Act has been given from section 24 to 30 of the Act. In these sections, by what procedures divorce will be taken and under which procedures a marriage can be declared void. The certificate of divorce shall be given by the District Court or the declaration of the marriage as void shall be done by the District Court. The certificate of voiding will be given by the District Court only. Even if there is a certificate of divorce by mutual consent.
Divorce cannot be taken within 1 year from the date of marriage
No party may make any such application for void marriage under this Act in the District Court within one year from the date of marriage. Only after one year, an application for void marriage can be given in the District Court, but if the danger is high and divorce is extremely necessary, then in such a situation, if the District Judge is satisfied that it is very necessary to accept the application, then only then the application should be made. will be accepted.
In which district will the divorce application be given?
The parties can present the application for divorce at these four places. In the district in which the marriage is solemnized, the application for divorce can be given in the District Court of the district in which the certificate of marriage has been obtained from the Marriage Officer.
Divorce can also be submitted in the district in which the parties are residing for the last time.
The application for divorce can also be given in the district in which the party is residing. If the application for divorce is being given by the woman, then the application can be given in the district in which she is residing while giving the application. If any two Muslims marry among themselves and get their marriage registered under the Special Marriage Act, then in such a circumstance both of them will not be subject to Muslim succession, divorce, maintenance rules/laws after the Muslim marriage but under the Special Marriage Act. The mentioned maintenance and divorce system will apply. If the person is not satisfied with any of the rules of personal law, then he can also get his marriage registered under the Special Marriage Act.
In this article we have told you Detailed information has been given about what is court marriage and how it can be done. If you have any question related to this article, then you can ask through comment, we will respect your response.