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PROVISION OF SPECIAL MARRIAGE ACT, 1954 UNDER FAMILY LAW

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This article is written by Chhavi Tripathi of 3rd Semester of Atal Bihari Vajpayee School of Legal Studies, an intern under Legal Vidhiya

ABSTRACT

Marriage in Indian society transcends the union of two individuals; it’s a harmonious blend of traditions, a cultural mosaic, and the coming together of families. However, India’s diverse social fabric brings forth unique challenges, including inter-caste and love marriages that may face familial resistance. In response to this, the Special Marriage Act, of 1954, emerged as a beacon of hope. Unlike traditional ceremonies bound by religious constraints, this legislation offers a secular and inclusive approach to matrimony. It enables couples to unite without concern for their faith, caste, or creed, emphasizing unity above all else. The Act provides a uniform and straightforward method for solemnizing and registering marriages throughout India, catering to people of all religions and communities.  This article delves into the Act’s objectives, the essentials for its application, and the detailed procedure for marriage under its purview. It highlights the Act’s role in rectifying void and voidable marriages, ensuring legality and authenticity in the institution of marriage. Moreover, the Act’s provisions for divorce offer couples an equitable path out of matrimony should they find themselves at an impasse. In a nation marked by its diverse heritage, the Special Marriage Act, of 1954, stands as an emblem of love’s triumph over societal divisions. It fosters the spirit of unity and offers a legal framework for couples to marry regardless of their backgrounds, symbolizing India’s evolving ethos of inclusivity and love.

Keywords: Marriage in Indian society, Inter-caste marriages, Love marriages, Familial resistance, Special Marriage Act, 1954, Secular marriage, Inclusive approach, Unity in marriage, Uniform marriage procedure.

INTRODUCTION

Marriage in Indian society is a significant and culturally rich institution with deep-rooted traditions and social importance. It plays a crucial role in the lives of individuals and families in India. It is not only the union of two individuals, it’s a union of two families.  In Indian society, marriages are seen as a way of forging bonds between families, communities, and even castes.

So, there is diversity between communities, statuses, religions, castes and many more societal diversities at present time. For example, Hindu marriages involve ceremonies like “saptapadi” (seven steps), while Muslim marriages follow the “nikah” ceremony. Sikh, Christian, and other religious communities also have their unique customs. In India, most of the marriage is performed in one caste only. As in today’s society, inter-caste marriage is also evolving as love marriages. Due to this sometimes conflict occurs when parents are not agreeing on the marriage. So, for this, the provision of the Special Marriage Act, of 1954 is there.

Special Marriage Act, 1954 is a brief form of legislation that provides for a special form of marriage by registration. It is unique in that there is no requirement to convert or reject one’s religion. It is primarily designed for couples who wish to marry without regard to their religion, caste, or creed. The act offers a secular and uniform method of solemnizing marriages throughout India and applies to people of all religions and communities[1].

The Act lays down the procedure for both solemnization and registration of marriage, where either the husband or wife or both are not Hindus, Buddhists, Jains, Sikhs, or any religion.

WHAT SETS IT APART?

The Special Marriage Act of 1954 distinguishes itself from other marriage laws in India by offering a distinct marriage option available to all Indian citizens, both within the country and abroad, regardless of their religious beliefs or faith.[2]

It is different from the Hindu Marriage Act as The Hindu Marriage Act applies to Hindus, Buddhists, Jains, and Sikhs. The Special Marriage Act, of 1954, acknowledges the institution of marriage as a sacred bond, with its provisions respecting the customs and traditions associated with different religions. The Special Marriage Act, on the other hand, applies to all religions and recognizes marriage as a civil contract. Based on the principles of secularism, it provides a uniform law for all Indian citizens.[3]

The Muslim Marriage Act recognizes marriage as a contract and lays down the ceremonies and rituals that must be performed for the marriage to be valid. The Act has laid down legal provisions about valid marriages, invalid unions, marriages that can be annulled, guidelines for registration, grounds for divorce, matters related to maintenance and child custody, as well as regulations concerning subsequent marriages.[4]

OBJECTIVES

The objective of the Special Marriage Act 1954 is to provide for and safeguard the people who are willing to do inter-caste marriage or inter-religious marriage there can be many reasons behind this that their parents not agreeing on the same family not supporting, acting for all the citizens of India by providing a mechanism to institute interfaith marriages[5].

This act includes all the provisions regarding valid marriage, dissolution of interfaith marriages, registration of marriage and others. Hence the main aim is to safeguard people’s fundamental rights and empower them to choose their life partners or marital partners. The Act also intends to reduce the threat of societal ills such as honour killing and love jihad, as well as to acknowledge the rights of children that arise out of such marriages.

The apex court has ordered also the promulgation of the mechanism to provide safety under the purview of the Special Marriage Act[6].

ESSENTIALS

Section 4 of the Special Marriage Act 1954 provide the essential of a valid marriage

APPLICABILITY

The Special Marriage Act, of 1954, is applicable throughout India, except the state of Jammu and Kashmir. However, it also extends to Indian citizens domiciled in the regions covered by this Act, even when they are in the state of Jammu and Kashmir.[8]

PROCEDURE FOR MARRIAGE

The person (male and female) who wants their marriage or wishes to marry whether they are Hindu or Muslim can register their marriage given in the Special Marriage Act, 1954 which is mentioned in section 16 of this act. The marriage can only be solemnized by the Marriage Officer appointed by the government rather than any following religious ceremony. The prescribed  procedure involves:

The Court Marriage is a consortium of two souls where an oath ceremony is performed By the Special Marriage Act, 1954, a marriage ceremony takes place before the Registrar of Marriage, with the presence of three witnesses. Subsequently, a court marriage certificate is directly issued by the Registrar of Marriage, who is appointed by the Government of India. Commonly, we can say that marriage is solemnized between a man and a woman before a court of law.

VOID AND VOIDABLE MARRIAGES

VOID MARRIAGE

A void marriage is a void that is from the beginning (void ab initio) it does not exist. It is said marriage because two people solemnize and undergo the ceremonies of marriage.

Section 24 of the Special Marriage Act provides the condition by which the marriage can be said to be void

Section 4 states that:

Any marriage conducted under the provisions of this Act can be declared null and void through a decree of nullity if any of the following conditions are met, and a petition is filed by one party against the other:

(i) Any of the conditions mentioned in clauses (a), (b), (c), and (d) of section 4 has not been met, or

(ii) The respondent was impotent both at the time of the marriage and at the time of the suit’s initiation.

  1. The provisions of this section do not apply to marriages deemed solemnized under this Act, as defined in Section 18. However, the registration of any such marriage under Chapter III may be invalidated if the registration contravenes any of the conditions specified in clauses (a) to (e) of Section 15. It’s important to note that no such declaration shall be made if an appeal has been filed under Section 17, and the District Court’s decision has become final.:

Grounds for declaring marriages as void:

VOIDABLE MARRIAGE

Voidable marriages are marriages that are valid until and unless they are avoided. Only one of the parties to the marriage may request to avoid the marriage if both parties request to avoid the marriage, then it will become void. If one of the Parties dies before the annulment, no one can challenge the marriage and will remain valid forever.

The grounds for the legal implication of the voidable marriage are given in section 25 of the Special Marriage Act 1954-

  1. The marriage has not been consummated due to the willful refusal of the respondent to consummate the marriage, or
  2. The respondent was pregnant by someone other than the petitioner at the time of marriage, or
  3. In the case where the Consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872), it becomes a valid ground for the legal implications of the voidable marriage.

However, in the case specified in clause (II), the court can only grant a decree if it is satisfied that-

  1.  The petitioner was unaware of the facts alleged at the time of the marriage.
  2.  The legal proceedings were initiated within a year from the date of the marriage.
  3.  Marital intercourse with the consent of the petitioner has not occurred since the petitioner discovered the grounds for a decree.

Additionally, in the case specified in clause (III), the Court will not grant a decree under certain circumstances:

d. proceedings have not been instituted within one year after the coercion has ceased or, as the case may be, the fraud had been discovered, or

e. The petitioner will not be granted a decree if, in the case specified in clause (III), they have willingly and with their free consent continued to live with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, after the discovery of the fraud. [11]

DIVORCE

The grounds of divorce are as follows:

Divorce by mutual consent, To obtain a divorce by mutual consent, the following steps must be followed:

CONCLUSION

In conclusion, the Special Marriage Act, of 1954, stands as a significant piece of legislation under family law, offering a unique avenue for individuals of diverse backgrounds and faiths to solemnize their marriage without religious constraints. It promotes the principles of secularism and individual choice, facilitating interfaith and inter-caste marriages while safeguarding the rights and dignity of the parties involved. Over the years, the Act has played a pivotal role in fostering social harmony and inclusivity, aligning with the evolving dynamics of a pluralistic society. It underscores the importance of personal freedom and equality, making it an essential legal framework for ensuring matrimonial harmony in a diverse and multicultural nation.

REFERENCES


[1]Special Marriage Act, 1954 (2023) Wikipedia. Available at: https://en.wikipedia.org/wiki/Special_Marriage_Act,_1954 (Accessed: 03 November 2023).

[2] Hindu marriage act vs special marriage act – what is the … Available at: https://marriageregistrationmumbai.in/hindu-marriage-act-vs-special-marriage-act-what-is-the-difference-between-them/ (Accessed: 03 November 2023).

[3] Hindu marriage act vs special marriage act – what is the … Available at: https://marriageregistrationmumbai.in/hindu-marriage-act-vs-special-marriage-act-what-is-the-difference-between-them/ (Accessed: 04 November 2023).

[4] Vyasan, N. (2023) Matrimonial laws India: Here’s what you need to know, News18. Available at: https://www.news18.com/lifestyle/matrimonial-laws-india-heres-what-you-need-to-know-7434943.html (Accessed: 04 November 2023).

[5] Supplementary material- Special Marriage Act 1954 notes (2021) Get legal India. Available at: https://getlegalindia.com/special-marriage-act/ (Accessed: 04 November 2023).

[6] Lata Singh vs. State of U.P (, AIR 2006 SC

2522)

[7] Section 4 in the special marriage act, 1954 – Indian kanoon. Available at: https://indiankanoon.org/doc/594580/ (Accessed: 04 November 2023).

[8] Section 1 of the special marriage act, the word “except the state of Jammu and Kashmir” omitted by Act 34 of 2019 section 95 and the 5th schedule (w.e.f 31/10/ 2019)

[9] Law, F Special type of marriage for the people of India where they can marry irrespective of their religion or caste, Free Law: Get Free Headnotes & Judgments. Available at: https://www.freelaw.in/legalarticles/Special-Marriage-Act 1954#:~:text=In%20Section%204%20of%20the,been%20performed%20under%20this%20Act. (Accessed: 04 November 2023).

[10] Section 15 of special marriage act, 1954

[11] Section 25 of special marriage act, 1954 (see also corresponding laws section 12 of Hindu marriage act,1955,   section 19 of the divorce act,1869, section 32 of the Parsi marriage and divorce act,1936 and section 9 of the matrimonial causes act, 1965).

[12] Section 27 of the special marriage act,1954

[13] Section 28 of special marriage act.

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