The Special Marriage Act deals with inter-caste and inter-religion marriages. Inter caste marriage is a marriage between people of two different castes. The days had gone by when people used to marry wherever their parents decided to blindly. The youth now have their own saying and choice and prefer to marry someone who is more compatible with them than marrying someone who belongs to their caste or religion. It is them who have to live for the whole of their life with their partner and therefore, caste or religion is not a matter of utmost consideration now at all. All religions are equal, and marriage shouldn’t be a big deal among them. We are conferred on caste or religion by birth and not by choice, so why are people of the lower castes seen with shame and disdain? India is a diverse country, and it is a pity to see things like this happening here. The Special Marriage Act is, therefore, a special law enacted to provide for a unique form of marriage by registration wherein the parties to the marriage do not have to renounce their religion.
The Special Marriage Act deals with inter-caste and inter-religion marriages. Inter caste marriage is a marriage between people of two different castes. The days had gone by when people used to marry wherever their parents decided to blindly. The youth now have their own saying and choice and prefer to marry someone who is more compatible with them than marrying someone who belongs to their caste or religion. It is them who have to live for the whole of their life with their partner and therefore, caste or religion is not a matter of utmost consideration now at all. Love is a beautiful emotion, and something like caste or religion should not weigh it up. All religions are equal, and marriage shouldn’t be a big deal among them. We are conferred on caste or religion by birth and not by choice, so why are people of the lower castes seen with shame and disdain? India is a diverse country, and it is a pity to see things like this happening here. The Special Marriage Act is, therefore, a special law enacted to provide for a unique form of marriage by registration wherein the parties to the marriage do not have to renounce their religion.
Period of Objection
Any objections to marriage regarding age, consent capacity, incest, etc. may be addressed to the Marriage Officer within 30 days of the notice being published. The Marriage Officer is mandated to conduct an inquiry into its validity within a 30-day window period of time, during which the marriage can not be solemnized in case of any objections. If the marriage officer finds that the objection is valid and decides against the marriage of the parties concerned, the bride or groom may, within thirty days of such refusal, appeal to the district court. If all the objections concerned are dealt with, a declaration must be signed by the bride, groom, and any three witnesses in the presence of the Marriage Officer, who would then countersign it. The marriage will be solemnized upon the cessation of the objection period in the absence of any objections.
Power of Enquiry
In receiving an objection, marriage officers are granted the following rights:
Summoning and enforcing witnesses’ attendance.
Examining the witnesses on oath.
Demanding documents to produce.
Demanding the evidence on affidavits.
Issue of commissions for the witness scrutiny.
Unreasonable Objections
If the marriage officer believes that the objection he/she has received is not reasonable and is not made in good faith, the person making the objection may be on the receiving end of objective costs of up to Rs. 1,000. The sum received will be awarded to the parties of the proposed marriage for this purpose.
The Special Marriage Act was enacted to provide a special form of marriage by any person in India and all Indian nationals in foreign countries irrespective of the religion either party to the marriage.
For the benefit of Indian citizens abroad, it provides for the appointment of Diplomatic and Consular Officers as marriage officers for solemnizing and registering marriages between citizens of India in a foreign country.
The Act extends to the whole of India except the state of Jammu and Kashmir and also applies to citizens of India domiciled in he territories to which this Act extends who are in the state of Jammu and Kashmir.
Notice of Intended Marriage
A notice has to be given in writing in the form given below to the Marriage Officer of the District in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately proceeding the date on which such notice was given.
NOTICE
To, Marriage Officer,_______District________We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months hereof.
Name:
Condition:
Occupation:
Age:
Dwelling:
Place of residence if present dwelling place not permanent.
AB
Unmarried/Widower/Divorced
Witness our hands this _____ day of ___ 200_
Signed AB Signed CD
We hereby give you
Publication
The notice given is then published by affixing it in some conspicuous place in the office of the Marriage Officer, and before the expiration of thirty days from the date on which the notice was published any person can object to the marriage that it would contravene any of the conditions necessary for the marriage.
After the expiry of thirty days from the date on which the notice was published the marriage may be solemnized.
Declaration and witnesses
Before the marriage is solemnized the parties and three witnesses shall sign a declaration in the form give below, and the declaration shall be counter signed by the Marriage Officer.
DECLARATION MADE BY THE BRIDEGROOM
I, _________hereby declare as follows;
I am at the present unmarried (or a widower or a divorcee, as the case may be)
I have completed _______ years of age.
I am not related to ________(the bride) within the degrees of prohibited relationship.
I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to true, I am liable to imprisonment and also to fine.
SIGNED__________ (BRIDEGROOM)
DECLARATION MADE BY THE BRIDE
I, _________hereby declare as follows;
I am at the present unmarried (or a widower or a divorcee, as the case may be)
I have completed_______years of age.
I am not related to ________(the bridegroom) within the degrees of prohibited relationship.
I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to true, I am liable to imprisonment and also to fine.
SIGNED__________ (BRIDE)
Signed in our presence by the above name ________ and __________ .So far as we are aware there is no lawful impediment to the marriage.
WITNESSES
SIGNED____
SIGNED____
SIGNED____
COUNTERSIGNED
MARRIAGE OFFICER
Dated:___day of ________200
Place and form of solemnization
The marriage may be solemnized at the office of the Marriage Officer, or at such place within reasonable distance, as the parties may desire, upon payment of such additional fees as may be prescribed.
The marriage may be solemnized in a form, which the parties may choose to adopt.
However, No marriage is complete and binding unless each party says to the other in the presence of the Marriage Officer and the three witnesses in any language understood by the parties, I_______take thee________to be my lawful wife (or husband)
Certificate of Marriage
After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage.
Consequences of Marriage under This Act
EFFECT OF MARRIAGE ON MEMBER OF UNDIVIDED FAMILY
Where any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion marries a non-Hindu under this Act, he shall be severed from such family. However if two persons who are Hindus get married under this Act no such severance takes place.
SUCCESSION TO PROPERTY OF PARTIES MARRIED UNDER THIS ACT
Non with standing anything contained in the Indian Succession Act, 1925 with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the Indian Succession Act. However if two persons who are Hindus get married under this Act the above provision does not apply and they are governed by the Hindu Succession Act.
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