Special Marriage Act 1954

In this post we will know what is Special Marriage Act 1954 and how many types of marriages are there, its main and essential points and what is the process of its application

There are 8 chapters, 51 sections and 5 schedules under the Special Marriage Act, 1954. Under this act, all those persons who are competent to marry under this Act can get married.

What is the Special Marriage Act 1954

When two parties get married, then the marriage is registered according to their religion. The marriage done by a Hindu is registered under the Hindu Marriage Act 1955.

Muslim marriage can be registered on the basis of Nikah

Under the Special Marriage Act, a boy or girl of any religion or caste can marry the person of their choice. In this, the boy or girl does not have to leave their religion and they can freely register their marriage. Special Marriage Act 1954

Types of marriage

Hindu Marriage Act 1955
Muslim Marriage Act 1955
Special Marriage Act 1954

In the Hindu Marriage Act 1955, marriage is done on the basis of Hindu customs. For marriage, both the boy and the girl should be unmarried or if any of them has been married before, then the relationship from the first marriage should have ended so that he/she can marry later.

In the Muslim Marriage Act 1955, Nikah is performed by following the customs and both the parties should be prohibited and there should be no blood relation for them to perform Nikah.

According to the Special Marriage Act 1954, all individuals are given equal rights to marry a person of any community, religion, caste

Important and essential things for a special wedding

For marriage, the age of the boy should be 21 years and that of the girl should be above 18 years
At the time of marriage, both the parties should be divorced/retired from their first partner
There must be mutual consent from both parties
Both should be capable and of sound mind to accept the
Both the parties should not be in any prohibited relationship such as blood relation, adoption relation
Both the parties are not forced to give up their religion; they can perform this marriage while still following their religion.
To get a divorce, the marriage should be completed for one year and only after that divorce can be taken.

How can marriage registration be done

Marriage registration application has to be applied in the office of SDM SUB Divisional Magistrate of your area
The application form must have photographs and signatures of both the parties.
All documents attached with the application form must be valid including your age proof.
After receiving the application for registration by the officer, 30 days time is given. If after the application, someone has any objection to the marriage, then he can file an objection letter. During this time, an investigation is done on the basis of this objection letter and if the objection is proved right in the investigation, then this marriage is refused.
Under Special Marriage Act 1954, application registration is done after 30 days in front of both the parties and 3 witnesses.
After completion of all the procedures of marriage registration, you are issued a marriage registration certificate on the basis of Special Marriage Act 1954, on the basis of which you are legally husband and wife and this is your marriage certificate.

Special Marriage Act 1954

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