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A STUDY ON SPECIAL MARRIAGE ACT,
1 K.SURESH
(^1) Student, 2nd (^) year Ba LLb(hons), Saveetha School of Law, Saveetha University, Saveetha Institute of Medical and Technical Sciences, Chennai-77, Tamilnadu, India. (^2) MR. ARULKANNAPPAN (^2) Assistant professor of law, Saveetha School of Law, Saveetha University, Saveetha Institute of Medical and Technical Sciences, Chennai-77, Tamilnadu, India. (^1) suresh210996@gmail.com, 2 Arulkannappan.ssl.saveetha.com
ABSTRACT:
The Special Marriage Act, 1954 accommodates a common marriage of two Indians, without the need of denying their separate religion. The Act accommodate common marriage that would empower people to get hitched outside of their individual group commands, numerous group based laws did not accommodate entomb – group or bury – position relational unions. Numerous a period marriage outside of one's own rank or religion brings about social exclusion. The Act gives authenticity to such relational unions. It precluded station or religious boundaries to marriage and gave an absolutely common and non – formal stately marriage. The Act wins not just in instances of bury – religious or entomb – standing relational unions, or love relational unions but on the other hand is pertinent on same religion relational unions. The Act additionally offers a choice to enlist relational unions executed according to one's very own laws. This arrangement of consequent enrolment empowers gatherings to profit of common and uniform cures in spite of the solemnisation of marriage through execution of religious services. This guides them in beating the requirements postured in their very own laws.On the premise of Research issue, the scientist presumes that Registration is a 1954 accommodates necessary enlistment as without the enrolment marriage
International Journal of Pure and Applied Mathematics Volume 120 No. 5 2018, 2955- ISSN: 1314-3395 (on-line version) url: http://www.acadpubl.eu/hub/ Special Issue (^) http://www.acadpubl.eu/hub/
won't be substantial. The one of a kind element of the Special Marriage Act, 1954 is that any marriage solemnized in some other shape under some other law, Indian or nonnative, between any two people can be enlisted under the Act. The marriage under this Act is basically polite marriage and is required to finish the common conventions. Gatherings who plan to get hitched under the Special marriage Act might give a notice in writing in the predetermined shape to the Marriage Officer of the region in which no less than one of the gatherings to the marriage has lived for a time of at least thirty days instantly going before the date on which such notice is given
KEY WORDS
Registration,Social ostracism.,Community,Non ritualistic, Legitimacy ,Solemnisation
INTRODUCTION :
The Special Marriage Act furnishes with the a few conditions for marriage under segment 4. The conditions said in the area 4 of Specific Marriage Act are to some degree like that of segment 5 of Hindu Marriage Act. Preceding the marriage, a notice of aim to wed must be given to the Registrar of Marriages.2 The marriage is contracted at the common registry within the sight of marriage officer designated by the state and three observers as said in the Act.3 No religious customs or services are required from the marriage to be finished. It's upon the gathering that they need to do marriage ceremonies or not. Then again, marriage ceremonies constitute the imperative component of the marriage under Hindu Marriage Act without which a marriage winds up turning into a void marriage i.e. void stomach muscle Inuit. The Special Marriage Act, 1954 requires certain preliminaries to the solemnisation of marriage. The marriage under this Act is basically polite marriage and is required to finish the common conventions. Gatherings who plan to get hitched under the Special marriage Act might give a notice in writing in the predetermined shape to the Marriage Officer of the region in which no less than one of the gatherings to the marriage has lived for a time of at least thirty days instantly going before the date on which such notice is given. The Marriage Officer is required to keep every one of the notification with the record of his office and to enter a genuine duplicate of each such notice in Marriage Notice Book and the Book is available to just for inspection.The notice of marriage is additionally to be distributed by the Marriage Officer. Before the termination of thirty days from the date on which the notice was distributed any individual can protest the marriage that it would
Marriage and Its Registration under Special Marriage Act: Under the Special Marriage Act, 1954 any 'two people's can play out a marriage. The entomb – religious or bury – shared relational unions are conceivable in India just under the Special Marriage Act, 1954. Under the Act a marriage must be in a common marriage shape, however parties are allowed to play out some other extra custom or religious functions in the event that they need to.The Act furnishes with conditions identifying with solemnisation of unique marriage under Section 4. Right off the bat, neither one of the parties ought to have a companion living at the season of the marriage.Secondly, the physical and mental limit of the both the gatherings ought to be according to the area requires.Thirdly, the age of the gatherings. Violation of any of the conditions said above will give void status to the marriage.The Special Marriage Act 1954 completely changes the circumstance in regard of denied degrees in marriage. One of the conditions for an expected common marriage to be solemnized under this Act is that "the gatherings are not inside the degrees of precluded relationship". The articulation "degrees of disallowed relationship" is characterised in Section 2 (b) of the Act as "a man and any of the people specified in Part I of the First Schedule and a lady and any of the people specified in Part II of the said Schedule." Thus, the Act fuses its own rundown of denied degrees in marriage, isolate for people. Consequently all first cousins
- fatherly and maternal, parallel and cross – are put by the Special Marriage Act in the class of restricted conjugal relationship. The Act, in any case, does not put any second cousin in its two arrangements of precluded degrees in marriage. The Act gives unwinding gave that custom representing one of the gatherings licenses marriage between them. For instance under Muslim individual law marriage between the primary cousins is allowed.The Special Marriage Act, 1954 requires certain preliminaries to the solemnisation of marriage. The marriage under this Act is basically polite marriage and is required to finish the common conventions. The notice of marriage is additionally to be distributed by the Marriage Officer.Before the lapse of thirty days from the date on which the notice was distributed any individual can protest the marriage that it would negate any of the conditions specified in segment 4 of the Act. Personal Laws – The various personal laws have different procedure for their marriage and follow different rituals and religious ceremonies for the solemnisation of the marriage.
Hindu Law: Under Hindu Marriage Act, 1955 conditions for the solemnisation of marriage are provided under section 5. Conditions mentioned in Section 5(i), (ii), (iii) and (iv) is somewhat similar to that of conditions mentioned in section 4 of the Special Marriage Act, 1954 with subtle variance. Violation of condition mentioned in section 5(iii)19 of Hindu Marriage act, 1955 will not make the marriage void while the violation of section 4(c) of the Special Marriage Act, 1954 will make the marriage void under Section 24(1)(i)20 of the Special Marriage Act, 1954. section 5(iv) and (v) of Hindu Marriage act, 1955 and section 4(iv) of the Special Marriage Act, 1954 defines the degree of prohibited relationship but the Special Marriage Act, 1954 provides relaxation in the degree of prohibited relationship.Section 7 provides with ceremonies of the marriage and performance of the certain religious rituals and ceremonies is mandatory
Muslim Law :
According to the Muslim notion of marriage, the nature of marriage is contractual. A system of private registration of marriages with the kazis has always prevailed among the Indian Muslims. Though in principle Islamic law does not require a ritual solemnisation of marriage, among the Muslims of India marriages are invariably solemnized by religious officials known as the “kazi”. The short ceremony performed by the kazi, known as “nikah”, begins with formally obtaining consent of the parties – first of the bride and then of the groom – and ends with recitation from the Holy Quran followed by prayers. In Muslim law all first cousins both on the paternal and maternal sides are outside the ambit of prohibited degrees in marriage.Before, or immediately after, the ceremony the kazi prepares a nikah- nama (marriage certificate) which gives full details of the parties and is signed by both of them, and by two witnesses. The kazi authenticates the nikah nama by putting his signatures and seal on it. Printed forms of standard nikah nama in Urdu and Hindi are stocked by all kazis who fill in it
Under Section 8 of the Hindu Marriage Act 1954, there exists a provision for registration of marriages.
Christian Law :
The Indian Christian Marriage Act 1872 provides that every marriage both parties to which are, or either party to which is, Christian shall be solemnized in accordance with its provisions. The Indian Christian Marriage Act 1872 is obsolete in so far as it makes a
Sikhs, Jains and Buddhists. This act applies to every state of India, except the state of Jammu & Kashmir. This Act extends not only to the Indian citizens belonging to different castes and religions but also to the Indian nationals living abroad.
3.Requirements
As Indians believe in marriages with proper rituals, customs and ceremonies involving pomp and show & extravagant celebrations, the Special Marriage Act does not require any of them. The basic requirement for a valid marriage under this Act is the consent of both the parties to the marriage. If both the parties are ready to marry each other, that suffices it; here caste, religion, race, etc. cannot and do not act as a hindrance to their union.For marriage under this Act, the parties need to file a notice expressing their intention to marry each other, with the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for at least 30 days preceding the date on which such notice is being filed. The marriage is then said to be solemnized after the expiry of 30 days from the date on which such notice has been published. But if any person related to the parties objects this marriage and the Registrar finds it to be a reasonable cause of objection, then he can cancel the marriage on such grounds. For a valid marriage, it is also required that the parties give their consent to the marriage in front of the Marriage officer and three witnesses.These are the basic requirements for a valid marriage under the Special Marriage Act, which every Indian must know.
4.Conditions :
The conditions required to be followed for this special form of marriage is not very different from the requirements of other normal marriages, which happen within the caste. These are the conditions to be eligible for a marriage under this Act: –
● The bridegroom must be at least 21 and the bride must be at least 18 years of age at the time of marriage. This is the minimum age limit for a boy/girl to marry, respectively. ● Both the parties must be monogamous at the time of their marriage; i.e. they must be unmarried and should not have any living spouse at that time. ● The parties should be mentally fit in order to be able to decide for themselves e., they must be sane at the time of marriage.
● They should not be related to themselves through blood relationships; i.e. they should not come under prohibited relationships, which will otherwise act as a ground to dissolve their marriage. ● Changes with the Emergence of Special Marriage Act in India
5.Legitimacy of children
A marriage is said to be void, where the conditions mentioned in point no.4 are not met with, and the children from such marriages who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws
6.Application on succession Rights
Another important point that every Indian should have knowledge about SMA is that, the succession to property of persons married under this act or any marriage registered under this act and that of their children will be governed under the Indian Succession Act. But, if the parties to the marriage belong to Hindu, Buddhist, Sikh or Jain religions, then the succession to their property will be governed under the Hindu succession Act.
7.Restriction on Divorce during 1st yr of marriage
Any person married under the Special Marriage Act, must know about this important provision of the Act. The parties cannot petition for divorce to the District court unless and until one year has expired from the date of their marriage as registered in the marriage books. But, in cases where the court is of the opinion that the petitioner has suffered exceptional hardships or the respondent has shown exceptional depravity on their part, a petition for divorce would be maintained, but if any misrepresentation is found on the part of the petitioner to apply for divorce before the expiry of 1 yr, the court may if any order has been passed, state the order to take effect only after the expiry of 1 yr, as mentioned in sec. 29 of the Act.
8.Can they remarry?
Talking, about the option of remarriage available to marriages of persons registered under SMA,one important thing that has to be paid attention is that, where the marriage has been dissolved and there is no right of appeal available, or there is no petition made for it in
Marriage and Divorce Act, 1936 makes important Registration of Marriages yet without enrollment the marriage does not wind up invalid. In Muslim law, a marriage is viewed as a common contract and the Qazi, or administering cleric, likewise records the terms of the marriage in a nikahnama, which is given over to the wedded couple i.e. there is an arrangement of private enlistment of marriage. Under Section 8 of the Hindu Marriage Act 1954, there exists an arrangement for enrollment of relational unions. Be that as it may, it's left to the contracting gatherings to either solemnize the marriage before the sub-recorder or enlist it subsequent to playing out the function in congruity with Hindu convictions.
REFERENCES :
STATUTES :
1.Hindu Adoption and Maintenance Act of 1956 2.Guardians and Wards Act of 1890 3.Juvenile Justice (Care and Protection of Children) Act, 2000
BOOKS :
4.Paras Diwan, “Law of Adoption, Minority, Guardianship and Custody”, University Law Publishing Company, (4th, 2010) 5.“Child Adoption: Trends and Policies”, Department of Economic and Social Affairs, UN, New York (2009) 6.Kusum, “Family Law Lectures – Family Law I”, Lexis Nexis Butterworths, Wadhwa, Nagpur (2nd, 2008) 7.Paras Diwan, “Family Law”, Allahabad Law Agency, (9th, 2009) 8.Child Adoption: Trends and Policies”, Department of Economic and Social Affairs, UN, New York (2009)
ONLINE SOURCES:
9.Childline India Foundation (childlineindia.org)
10.Islam Today (en.islamtoday.net) 11.Legal Service India (legalserviceindia.com) 12.Central Adoption Resource Authority (adoptionindia.nic.in) 13.http://www.thenewsminute.com 14.http://www.oneindia.com/india 15.http://www.oneindia.com/india 16.http://jurip.org 17.com – islam (islam.about.com) 18.childline.org 19.legalservicesindia.com 20.indiankanoon 21.Dr.Lakshmi T And Rajeshkumar S “In Vitro Evaluation Of Anticariogenic Activity Of Acacia Catechu Against Selected Microbes”, International Research Journal Of Multidisciplinary Science & Technology, Volume No. 3 , Issue No. 3, P.No 20-25, March
22.Trishala A , Lakshmi T And Rajeshkumar S,“ Physicochemical Profile Of Acacia Catechu Bark Extract –An In Vitro Study”, International Research Journal Of Multidisciplinary Science & Technology, Volume No. 3 , Issue No. 4, P.No 26-30, April
