Special Marriage Act,1954

What is it?
The Special Marriage Act of 1954 (SMA) in India allows for solemnizing marriages between individuals of different
religions or castes. It provides a legal framework for interfaith & inter-caste marriages to ensure that such marriages
are registered and legally recognized. Under the Special Marriage Act, any two
persons:
• Who are not already married
• Who are not within the prohibited degrees of relationship
• Can marry each other.

Although this Act is intended to promote secularism & an individual’s freedom of choice in marriage, there have
been many instances when this law became controversial.
The most recent instance was the same-sex marriage case wherein a couple pleaded that same-sex marriage must be
recognized under the Special Marriage Act, while other reasons can be the cases of honor killings, forced
conversions, status symbols & many more.
So, let’s discuss in this article some basic examples, concepts, and cases under the Special Marriage Act.

When can a marriage be registered under SMA?

Let’s try to understand the concept with a few examples:

• In 2019, a Muslim woman and a Hindu man in Uttar Pradesh got married under the Special Marriage Act. The
marriage was not supported or recognized by their family & community. So, they registered their marriage
under the Act.

• In 2018, a couple from two different castes in Kerala got married under the Special Marriage Act. The
marriage was not supported or recognized by their family & community. So, they registered their marriage under the
Act.
❖ In 2016, a transgender couple in Mumbai got married under the Special Marriage Act. After facing a lot of
hurdles, they were finally able to use the Act to register their marriage and start their life together.

Hence, any couple, irrespective of their religion, caste, or creed, can register their marriage under the Special
Marriage Act after meeting the eligibility criteria.

However, in a recent instance, the Supreme Court of India heard a series of arguments in the matter of same-sex
marriage wherein a petition was filed by 2 gay couples pursuing recognition of same-sex marriage under the Special
Marriage Act of 1954. The main issue related to the validity of marriage between same-sex couples.

➢ Features of the Special Marriage Act

1. The act also permits marriages between Indian nationals and foreigners. The marriage procedure under the
said Act differs from marriage under any other personal laws.

2. Under the Act, both parties must give notice of their intention to marry to the Marriage Registrar in their
district & this notice is then posted for 30 days to allow any objections to be raised.

3. If there are no objections, the couple can get married before the Marriage Registrar and three witnesses.

4. The act even mentions marriage registration for proper legal recognition. The registration process involves
submitting documents like the marriage certificate, couple images, and proof of age & address.

One of the significant cases of the SMA in India is the Seema v. Ashwani Kumar case (2006), wherein the SC
addressed the issue of the validity of a marriage solemnized under the SMA and the couple's right to privacy. This
case reaffirmed individuals’ right to choose their life partners irrespective of caste, religion, or societal pressures.
Read until the end to learn more about this case with other landmark ones!
Why was the Special Marriage Act passed?
While inter-caste marriages have been a subject of controversy, The Special Marriage Act was passed in India in 1954
to provide a legal framework for interfaith marriage, including social ostracism of couples and their families, legal
disputes over inheritance and property rights, and difficulties in obtaining government benefits and documents inter-
caste marriages. Prior to the enactment of this law, marriages between individuals from different religions or castes
were not recognized by law and were considered illegal. These issues include the social ostracism of couples and their
families, legal disputes over inheritance and property rights, and difficulties obtaining government benefits and
documents.

The Special Marriage Act aimed to address these issues by providing a legal mechanism for individuals to marry
outside their religion or caste and to register their marriages in a way that was legally
recognized.
The act allows couples to solemnize their marriage before a Marriage Registrar without any religious ceremonies or
rituals. The act also provides for the registration of marriages, which is necessary for the legal recognition of the
marriage.
The act is an important step towards promoting the right to choose one’s partner and ensuring that all citizens have
equal rights and opportunities irrespective of their religion, caste or community.
It has helped to reduce the discrimination and social stigma associated with interfaith and inter-caste marriages in
India and has provided legal protection to such couples and their families.

Marriage registration under the Special Marriage Act

The marriage registration procedure under the Special Marriage Act in India is as follows:

Notice of Marriage: The first step is to give notice of the intended marriage to the Marriage
Registrar of the district where at least one of the parties has resided for a period of not less than 30 days prior to
giving notice. The notice should be in writing, signed by both parties, and include details such as their names, ages,
addresses, occupations, etc.

Publication of Notice: The Marriage Registrar then posts the notice in his office and in a conspicuous place in the
locality where the parties reside. The notice will be published for 30 days to allow any objections to be raised.

Objections: If no objections are raised during the 30-day notice period, the Marriage Registrar will issue a certificate
stating that the notice has been duly published and that no objections have been received.

Marriage: The marriage can occur at any time after the expiration of the 30-day notice period but within 90 days
from the date of the notice. The marriage can be solemnized at the Marriage Registrar’s office or any place within a
reasonable distance.

Registration: After the marriage has been solemnized, both parties, along with three witnesses, should sign the
marriage certificate in the presence of the Marriage Registrar. The Marriage Registrar will then register the marriage
and issue a marriage certificate.

Documents required for marriage registration under the Special Marriage Act
The documents required for marriage registration under the Special Marriage Act include proof of age and address,
passport-sized photographs of the bride and groom, and a copy of the notice of marriage. In addition, both parties
should provide an affidavit stating that they are unrelated to each other within the prohibited degrees of
relationship. The following are the documents required for the registration of marriage under the Special Marriage
Act in India:
Application form: An application form for registration of marriage under the Special Marriage Act needs to be filled
and signed by both the bride and groom.
Proof of age and identity: Any one of the following documents can be submitted as proof of age and identity – birth
certificate, school leaving certificate, passport, PAN card, driving license, etc.
Proof of address: Any one of the following documents can be submitted as proof of address – an Aadhaar card, voter
ID card, driving license, passport, utility bills, etc.
Passport-sized photographs: Both the bride and groom need to submit passport-sized photographs.
Marriage invitation card: If available, a copy of the marriage invitation card can also be submitted.
Affidavit: An affidavit stating that both the bride and groom are not related to each other within the prohibited
degrees of relationship.
Divorce decree: If either the bride or groom is a divorcee, then the decree of divorce needs to be submitted.
Death certificate: If the bride or groom is a widow or widower, then the deceased spouse’s death certificate must be
submitted.

✓ It is important to note that the above documents may vary depending on the state where the marriage is
being registered. It is advisable to check with the local Marriage Registrar’s office for a complete list of
documents required.

Marriage Certificate under Special Marriage Act

A marriage certificate is an official document that serves as proof of marriage under the Special Marriage Act. The
Marriage Registrar’s office issues it and contains details such as the date and place of marriage, names of the bride
and groom, and details of witnesses.
To obtain a marriage certificate under the Special Marriage Act, the couple must apply to the Marriage Registrar’s
office where the marriage was registered. The application must be made within 30 days of the date of marriage, and
the couple must provide proof of identity, address, date of birth, and other
necessary documents.
Once the application is submitted and the documents are verified, the Marriage Registrar’s office will issue the
marriage certificate. The process may take up to 30 days, depending on the state where the marriage was registered.
Special Marriage Act Fees
The fees for registration of marriage under the Special Marriage Act vary by state in India. Generally, the fees are
nominal and are set by the state government.
Landmark Cases on Special Marriage Act
Several Supreme Court judgments have been made on the Special Marriage Act in India. Here are some notable
ones:

In the case of Seema vs. Ashwani Kumar, the Supreme Court held that a marriage solemnized under the Special
Marriage Act could not be declared null and void on the grounds that one of the parties was already married under a
different law.
The court held that the Special Marriage Act provides a separate legal framework for the solemnization and
registration of marriages and that marriage registered under the Act is not affected by the existence of a prior
marriage.

In the case of Smt. Lata Singh Vs State of U.P., the Supreme Court held that the right to choose a life partner is a
fundamental right guaranteed under the Indian Constitution and that parents or other family members cannot
interfere with the choice of a consenting adult.
The court held that the Special Marriage Act provides a mechanism for couples to marry outside their caste or
religion, and the Act should be liberally construed to protect the right to choose a life partner.

In the case of Rani Narasimha Sastri vs. Rani Suneela Rani, the Supreme Court held that a marriage registered under
the Special Marriage Act is valid even if one of the parties was a minor at the time of marriage.
The court held that the Act does not require the parties to be of a certain age but only requires that they be of legal
age to marry under their personal laws.

In the case of Sarla Mudgal vs. Union of India, the Supreme Court held that a second marriage solemnized under the
Special Marriage Act during the subsistence of the first marriage is illegal and void.
The court held that the Act only permits marriage between two unmarried persons and that a marriage solemnized
during the subsistence of a prior marriage is not recognized under the Act.

❖ Online registration for the Special Marriage Act

The online registration procedure for marriage under the Special Marriage Act varies by state in India. However,
several states have introduced online registration portals to ease the process. Here are the general steps involved:
✓ Visit the official website of the Marriage Registrar’s office in your state.
✓ Click on the link for online registration of marriage under the Special Marriage Act.
 ✓ Fill out the application form with all the necessary details, including personal information, date and place of
marriage, and details of witnesses.
✓ Upload scanned copies of all the necessary documents, including proof of age and identity, proof of address,
passport-sized photographs, affidavit, and divorce decree or death certificate, if applicable.
✓ Pay the requisite fee for the registration of marriage, which may vary by state.
✓ Submit the application form and documents online.
✓ After submission, you will receive an acknowledgment receipt with a registration number.
✓ The Marriage Registrar’s office will verify the details and documents submitted and may ask for additional
information or clarification if required.
✓ Once the verification process is complete, the Marriage Registrar will issue a marriage certificate under the
Special Marriage Act.

➢ Conditions And Procedure of Registration Of Marriage

One of the most important institutions in any culture has always been marriage. The essence and significance of
marriage has changed as times have changed. The institution of marriage was first established as a partnership
between two people with a view to procreation and/or economic or political goals.
Marriage gradually gained increasing depth and significance over time, becoming the cornerstone of every faith and
civilization. The foundations of marriage as an institution have changed from simple companionship to a symbiotic
connection where two people develop jointly on a personal and professional level alongside their children.
❖ The Need for Special Marriage Act, 1954
Despite the fact that there is diversity within the population in a nation like India, where many cultures and religions
co-exist, people tend to prefer such associations within their own faith and religion. Interfaith or inter-religious
marriages have been derided and ridiculed. The people in their community continue to oppress anyone who chooses
to marry outside of their own religion or faith.
The Special Marriage Act of 1954 was established to safeguard weddings between people of different faiths and
religions. The primary goals of the legislation were to make it easier to recognize and record special weddings legally
and to establish provisions for divorce in these types of unions.
The act applies and extends to the entirety of India, including the State of Jammu and Kashmir, and permits inter-
faith or inter-religious marriages for all Indian citizens. This law guarantees a person the freedom to practice his or
her own religion and not convert to a different one in order to wed someone who practices a different faith or
philosophy.
❖ Prerequisites for marriage solemnization under the SMA of 1954
Section 4 of The Special Marriage Act of 1954 precisely lays down the requirements that must be met in order to
solemnize a marriage. These requirements are as follows:
1)Neither party should be married to a spouse who has another spouse alive.
2) Neither party should be unable to freely consent to the marriage and should not be prevented from doing so due
to insanity. Additionally, even if both partners willingly consent at the moment of marriage, neither one of them
should have a mental illness that would preclude them from supporting the union or from having children.
Additionally, none of the partners should be experiencing recurrent episodes of insanity at the time of marriage.
3)The female should have reached the age of 18 and the male should have reached the age of 21, respectively, at the
time of marriage.
4) Neither party may be involved in any of the prohibited relationships listed in Schedule I of the Special Marriage
Act of 1954. Section 2(b) of the Act provides a definition of prohibited relationships. (However, such marriage may
be solemnised under this Act if the customs of at least one of the parties are such that permit them to get married
despite the fact that they fall within the range of forbidden partnerships.)

If all of these requirements are satisfied, a couple may legally wed under this Act without worrying about their
beliefs, practises, or traditions because this Act safeguards their union and grants them the freedom to choose their
spouse. Apart from the aforementioned requirements, being married and getting it recorded only requires the
parties’ willingness; there is no need to go through the trouble of conducting customs and ceremonies, which are
otherwise crucial to personal laws.

❖ The following documents would be needed by the marriage officer at the time of their marriage’s
registration:
•A marriage application that has been properly signed by both parties.
•Proof of residence of both the parties to the marriage.
•Birth certificates, matriculation certificates, passports, or other documents attesting to the parties’ ages.
•The district cashier must receive Rs. 150, and the application form must be accompanied by a receipt.
•Two passport-size photos of each party to the marriage and one marriage photo of the pair if the union has
previously been solemnised.
•In the event that the couple wed in a religious setting, a certificate from the institution proving the marriage’s
solemnization.
•If the parties have previously solemnised their marriage, a wedding invitation proving the marriage’s solemnization.
•A declaration from each party saying that they do not fit within the parameters of prohibited relationships.
•If either or both of the parties to the marriage were previously divorced under the Special Marriage Act of 1954, a
copy of the divorce decree must be submitted with the application.
•A death certificate must be submitted with the application if either of the parties to the marriage is a widow or
widower.
•The application form must be submitted with an affidavit that details the wedding’s date, time, and location as well
as the couple’s marital status and nationalities.’
•Two witnesses from each of the parties to the marriage must be present when the parties meet at the sub-
registrar’s office.
•Two witnesses from each of the parties to the marriage must attend the meeting at the sub-office registrar’s if the
marriage has already been solemnised.
Procedure to solemnize the marriage
Sections 5 to Section 14 of the Act set down the steps to solemnise the marriage.
Issuance of mandatory notice
According to Section 5, the parties must send a written notification to the marriage officer of the district where at
least one of them has lived for at least 30 days as of the notice’s issuing.
Record of the notice and it’s publication
According to Section 6, the Marriage Officer must keep a record of all notices in the Marriage Notice Book, where a
true copy of each notice must be entered, and he must make the book available for anybody who requests to view
it. According to this section, the marriage officer must also post a copy of the notice in a prominent location in his
office.
If the parties issuing the notice do not live in the marriage officer’s district, the marriage officer is also obligated to
transfer the copy of the notice to the marriage officer of the district where the parties do reside, who must then
follow the same procedure.

Objection to marriage
Within 30 days of receiving the notice, anyone may object to the union of the two parties under Section 7.
In this case, the Marriage Officer must record the nature of the objection in writing in the Marriage Notice Book,
which must then be read to the objector and duly signed by him or someone acting on his behalf.
The most frequently voiced disapprovals include the claim that the parties to the marriage are in violation of Section
4 of this Act. However, if no objection is voiced, this Act may be used to solemnise the marriage in question.
Procedure to deal with the objections received
The process for an objection that is received is outlined in Section 8. According to this clause, the
Marriage Officer is required to examine the subject of the objection within 30 days of receiving it. If the Marriage
Officer is persuaded that the objection is without merit or the party raising it withdraws it, the Marriage Officer may
then solemnise the marriage.
However, if the Marriage Officer upholds the objection, the aggrieved party may file an appeal against it in the
district court within 30 days of the refusal date. In this case, the district court’s decision shall be final and binding.
Powers of the Marriage Officer
The Marriage Officer is granted powers under Section 9 in regards to the inquiries he is required to conduct under
Section 8 of the Act, giving him all the authority granted to a Civil Court under CPC, 1908 when trying a case. The
Marriage Officer’s proceedings are also treated as judicial proceedings under Section 193 of the Indian Penal Code,
1908. The Marriage Officer is additionally given the authority to impose sanctions under this section if he determines
that the raised objection is unjustified and malicious.
Procedure to deal with objections received by Marriage Officer abroad
In the event that a marriage officer in the State of Jammu and Kashmir receives a complaint, the marriage officer is
required by Section 10 to first look into the situation before reporting his findings and record to the Central
Government. The Marriage Officer will be required to abide by the Central Government’s decision after it has
conducted its investigation and sought guidance as it sees fit.
Declaration
Prior to the marriage being solemnised, it is required by Section 11 that the parties, three witnesses, and the
declaration listed in Schedule III of this Act be signed in the presence of the marriage officer and countersigned by
him or her.
Place and form of solemnization
The marriage may be solemnised at the office of the Marriage Officer or at any location within a reasonable distance
of the office upon payment of the set price, according to Section 12, which specifies the location and format of the
ceremony. In addition, the parties are free to decide how to formally tie the knot, although it is required that they
state, “I (A), take thee (B), to be my lawful wife (or husband)” in front of three witnesses and the marriage officiant.
Marriages on virtual platform
In Vasmi Sudarshini v. Sub Registrar, WP (MD) No. 15511 of 2022, the Hon’ble Madras High Court allowed a couple
to legally wed via a virtual platform in accordance with the Special Marriage Act, 1954, finding that “Section 12(2)
does not preclude virtual presence of the parties. Right to Marry is a fundamental right and Section 12 and 13 of this
Act shall be construed to effectuate this right.”
Marriage Certificate
Once the marriage has been solemnised, a marriage certificate must be entered into the Marriage Certificate Book in
accordance with Section 13 and signed by both parties as well as the three witnesses. This certificate will serve as
conclusive proof that the marriage was solemnised in accordance with this Act.
When marriage not solemnized within 3 months, new notice issued
Section 14 states that a new notice must be given if a marriage is not solemnised within 3 months of the following
dates:
A)The date the notice was issued;
B) The date an appeal under Section 8(2) was preferred; or

C) The date of decision of the Central Government where record of the case was transmitted to the Central
Government.

In order to solemnize the marriage in accordance with this Act, a fresh notification will then need to be given to the
Marriage Officer, and the entire process will need to be repeated in order to solemnise the marriage.
Striking down notice under Section 5, SMA, 1954
It is apposite to note that Section 5 was recently contested in the Allahabad High Court in the case of Smt. Safiya
Sultana Thru Husband Abhishek Kumar Pandey and Anr. Vs. State of U.P., Thru Secy Home and Ors. Habeas Corpus
No. – 16907 of 2020, where the Hon’ble Allahabad High Court held that Section 5 that made it mandatory for the
parties to get a notice issued for the intended marriage and gave liberty to raise objections to the said union is
violative of the privacy of the parties. If no such provision is mandatory in other Acts like the Hindu Marriage Act
1955 etc.
Then the same should be the case for the marriages solemnized under the Special Marriage Act and made it optional
for the parties. As a consequence of this, Section 6 – 10 also become optional and can only function if the parties opt
for issuance of the notice under Section 5.
LGBTQ and SMA, 1954
The Special Marriage Act of 1954 was passed to aid in the solemnization and registration of special forms of
marriage under specific circumstances, however, it only applies to couples of the opposite sex. Its constitutionality
has recently been contested in Supriyo @ Supriya Chakraborty & Anr. Vs. Union of India W.P.(s) Civil No(s).
1011/2022 before the Hon’ble Supreme Court on the grounds that it is ultra vires of the Constitution.
This Act is completely silent on same-sex marriages. It is further argued that if same-sex couples are denied the
social acceptance and legal protections that come with marriage, then the goal of decriminalising same-sex
relationships is defeated. The Hon’ble Supreme Court of India is still considering the issue at this time.
Conclusion
People who want to marry outside of their faith or religion have their rights protected by the Special Marriage Act of
1954, which also lays out the rules and procedures and paves the path for them to live their lives without facing
stigma. Due to their unique circumstances, weddings that might not ordinarily be performed, legitimised, or
acknowledged are protected by the Special Marriage Act of 1954.

Registering Marriage: Remedy for Objection Raised by Registrar

In this article, we will learn about the remedies for objections raised by registrars for marriage registration.
A Marriage registration certificate is a report that pronounces two individuals wedded legitimately.

Relationships in India are to be enlisted under the Hindu Marriage Act, of 1955 or the Special Marriage Act of 1954.
In the year 2006, the Honorable Supreme Court made it compulsory in India to get a marriage enlisted to sanction it.
However, the majority of individuals realize that it is mandatory to get the marriage enrolled in India. They come up
short on information on the system and end up either paying a lot to a specialist or getting an excess of disturbed.
Here’s how you can get a marriage enrolled in India.
Online Registration of Marriage
Online enlistment for a marriage endorsement is very much like the other fundamental things accessible online in
India nowadays; enrollment in marriage online is additionally a choice. Online enrollment is a more favored choice
since it saves time and inconveniences less; one doesn’t need to remain in lengthy lines, particularly in this period of
social separation. It skirts one’s various gatherings with the marriage enlistment centre.
Here are the steps:
• Navigate to the official website of the applicant’s home state.
• Explore the website and look for the Government marriage registration form.
• Add the personal information of both the parties involved in the form.
• Once completed, submit the form.
• When the form is completed, the marriage registrar will summon the applicant for a specific date and time.
It is mandatory to appear on time at the marriage registrar’s office with all of the documents required.
In addition, at the marriage registrar’s office, two witnesses from each side must be present.
• It Is worth noting that the marriage date and time given by the marriage registrar for a marriage under the
Hindu Marriage Act,1955 is nearly 15-30 days after the form is submitted. Furthermore, it is approximately
60 days in the case of the Special Marriage Act, of 1954.

Offline mode of Registration of Marriage

•Under the Hindu Marriage Act, 1955
As talked about, relationships in India can be enrolled under either the Hindu Marriage Act, of 1955 or the Special
Marriage Act, of 1954. Regardless of their religion, it is material to all residents of India. The gatherings applying for
the enlistment of marriage in India are just qualified, provided that they are either Hindus, Sikhs, Jains or Buddhists.
Likewise, if the marriage is as of now solemnised, the couple can apply for enrollment.
One needs to visit the workplace of the sub-recorder under whose locale, the marriage was solemnised. It tends to
be done at the sub-enlistment centre’s office, under whose purview; one of the accomplices is living for over a half
year. As indicated by the traditions and customs of both of the party, a Hindu marriage can be solemnised.
•Under the Special Marriage Act, 1954
Regardless of their religion, every one of the residents of India can get their marriage enrolled under the Special
Marriage Act, 1954. Under this enlistment, alongside solemnisation, is given to the couple by the marriage official. As
examined, the couple applying under the Special Marriage Act needs to allow a 30 days notification to the sub-
enlistment centre under whose locale, any of the accomplices lives.
The recorder sets up a notification on the board for 30 days, and in the event that he/she doesn’t get and complaint
inside the length, the marriage gets enrolled. The sub-recorder of the purview should keep a version of the
notification. This entire cycle leads the marriage to be completed without any function. Special Marriage Act, 1954 is
an option for the people who are not qualified to enrol their marriage under the Hindu marriage act in India.
Objections Raised for Marriage Registration
When the marriage officer receives the application, he will issue a thirty-day public notice to raise objections related
to non-compliance with the conditions set out in Section 4 of the act. If the conditions are met, and no objections
are raised, both parties will be asked to sign the marriage certificate, and the marriage will be said to be solemnised
and registered.
The marriage officer Is required to conduct an investigation into its validity within 30 days, and if the marriage officer
finds objections and rejects the marriage, the intended parties have 30 days to file an appeal with the District Court
and if all of the objections are resolved, the declaration should be signed. If the marriage officer thinks that the
objection is unreasonable and not based on solid, the person making the objection may be subject to objective costs
of up to ₹1,000. The money will be given to the proposed marriage’s parties for this purpose.
With the exception of those solemnized in accordance with these provisions, any marriage may be enrolled by a
marriage officer under Chapter III of the Act, subject to the condition that a marriage ceremony has been conducted
for the parties under any of the Acts and that the couple has since led a marital life. Aside from that, the marriage
conditions specified in this Act must be followed.
Conclusion:-
In this article, we have learned that there is a possibility of objections that can be raised by the marriage registration
under the Special Marriage Act. However, there is a 30 days notice period to raise the objections. If any of the
parties or family members of the parties raised any kind of justified objection then the judge can cancel the
marriage. However, if in the investigation, the registrar finds the objection unjustified then it will not be considered,
and the procedure of marriage registration will proceed. If you have any queries reach out to Vakilsearch.
There are a certain number of conditions that need to be followed under the Special Marriage Act to safeguard the
interest of both the parties of different religions and castes. These condition needs to be fulfilled in order to
complete the registration of marriage.

Importance of the Special Marriage Act 1954 in India

Introduction

In a diverse country like India, demarcations such as religion and caste play a rather important role when it comes to
the solemnization and registration of marriage. Intermarriage lies at the heart of intergroup relations. Even though
people belonging to a multitude of religions, castes, and subcastes have coexisted, there has been a spike in the
number of inter-religious and inter-caste marriages. With the onset of changing mindsets of the people in India, our
legal system has had to grant legal validity and frame laws for marriages between consenting parties who belong to
different religions or castes.

The Special Marriage Act of 1954 applies to individuals throughout the territory of India, except those belonging to
the state of Jammu and Kashmir. Under this act, individuals can register their marriages without renouncing their
religion. This Act includes marriages between Hindus, Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists. Aside
from this, this Act is also applicable to Indian nationals living abroad.
The Need and Importance of the Special Marriage Act of 1954 in India
❖ It is secular in nature
The Special Marriage Act ignores the religious boundaries of the involved parties. This enables people of different
faiths to form marital alliances legitimately. This act provides for completely different recourse where there are no
religious requirements, which are of paramount consideration in personal laws.
Thus, a sound-minded person of any religion, having attained the prerequisite age, can validly solemnize his/her
marriage without any hindrance.

❖ It acts as a uniform civil code

The term “Uniform Civil Code” mandates a commonly enforceable set of laws that apply to marriage, divorce,
adoption, inheritance, and other matters relating to family law. India has been successful in
enforcing the concept of a uniform civil code in only a few areas, and the Special Marriage Act is one of them. One of
the drawbacks of having personal laws is that they fail to recognize some “extraordinary.”
circumstances. The Special Marriage Act provides validity to marriages that do not fall under the ambit of personal
laws.

❖ It sets Individuals free from traditional and orthodox practices

The Special Marriage Act is the kind of legislation that aims at liberating individuals from the traditional practices of
marriage and the coercive aspects of the institution of marriage, such as caste and religion. It recognizes people as
individuals within society, irrespective of their faith. It can be validly concluded that the marriage prescribed under
this Act is not ritual-centric and is not based on age-old customs and
ceremonies.

❖ It mandates the registration of every marriage performed under this Act.

The Special Marriage Act has declared that it is compulsory for any marriage solemnized under this act to be
registered. It is the one and only ceremonial essential that this act has prescribed.
Interestingly, it is not necessary for the parties to follow different religions to get married under this act. Even if two
Hindus decide to solemnize their marriage under this act, registration of the marriage is mandatory.
❖ It protects the right to property of the parties.

Important aspects of the Special Marriage Act:

Solemnization of Special Marriages
According to Section 4 of the Special Marriage Act, the conditions that need to be fulfilled for the solemnization of
special marriages are:
✓ Neither of the parties should have a living spouse.
✓ Both parties must have reached the appropriate and legally mandated age to consent to a marriage.
✓ Both parties in the marriage should be of sound mind. Recurring insanity and mental disorders that may
hinder their decisions or affect the upbringing of a child will be deemed unfit for marriage.
✓ The parties should not be related by blood. The parties should not be subjected to the kind of
relationship that is covered under “prohibited relationships,” as this can be grounds for the dissolution of the
marriage.
✓ It is a known fact that personal marriage laws only allow the registration of an already solemnized marriage.
Still, the Special Marriage Act provides a means for both the solemnization and the legal registration of the
marriage.

❖ The Special Marriage Act has set certain criteria that the parties should satisfy before applying for
solemnization and registration of the marriage. They include:
➢ Both parties need to have Indian citizenship.
➢ Neither of the parties should have a living spouse. In the case of a previous marriage, the couple should have
been legally separated (divorced) for the individual to be eligible to apply for another marriage under this
act.
➢ Both parties should be capable of granting free, fair, and undivided consent to the marriage. Both parties
should satisfy the age limits of the act.
➢ The first schedule of the Special Marriage Act provides a list of relationships that are considered to be
“prohibited.” In general, the act denies marriage to individuals whose relationship falls under the previously
mentioned category. However, the marriage may be solemnised if the custom of either party permits the
 marriage as intended.
➢ A written notice must be Issued to the district’s (“marriage officer”) in which either of the parties has been
residing for at least thirty days when a couple wants to solemnise their marriage under this act. The marriage
usually takes place within three months from the date of the issue of the notice. The marriage can be
solemnised in whatever way the parties choose to do so.

Registration of marriages celebrated in other forms

Any marriage, with the exception of those solemnised in accordance with the provisions of the Special Marriage Act,
may be registered by a marriage officer under Chapter III of the Act, provided that the parties have had a marriage
ceremony conducted for them under any of the Acts and that they have
lived as a married couple since then. Aside from that, the other marital criteria set forth in this Act will be duly
applicable.

❖ Restitution of Conjugal Rights and Judicial Separation

Conjugal rights refer to the rights that are created by marriage. This includes the couple having the right to each
other’s comfort, society, and affection.

Section 22 of Chapter V of the Special Marriage Act covers the conditions under which a petition for restitution of
conjugal rights can be filed.

When either party to the marriage has withdrawn from the other’s society without reasonable cause, the aggrieved
party may file a petition in the district court for restitution of conjugal rights. If the court is satisfied that the
statements made in the petition are true and that there is no legal reason why the application should not be
granted, it may pass a decree for restitution of conjugal rights.

In this scenario, the burden of proof to provide a reasonable excuse for withdrawal from society lies with the party
withdrawing from their conjugal rights.

Further, judicial separation is granted under Section 23 of the Special Marriage Act.

A petition for judicial separation may be presented in front of the District Court by either party on the grounds that
have been specified for divorce (adultery, desertion, imprisonment, cruelty, veneral
diseases, sodomy, unsound mind, etc.) and for failing to comply with a decree for restitution of conjugal rights; and
the Court, upon being satisfied of the truth of the statements made in such a petition and that there is no legal
reason why the application should not be granted, may order judicial separation.

❖ Nullity of Marriage and Divorce

According to Section 24 of the Special Marriage Act, a marriage can be declared null and void on the following
grounds:
• Either party has a living spouse.
• Impotence of either party to legally consent to the marriage.
• Either of the parties does not meet the age criteria set by the act. Unsoundness of mind
• The parties are in an illegal relationship.
Some additional grounds for declaring a voidable marriage under the act null and void are:
1. Willful refusal of a party has led to the marriage not being consummated.
2. Impregnation of the respondent by an individual outside the marriage.
3. Consent of either party was obtained by fraud or coercion as defined under the Indian Contract Act, 1872.
Conclusion
The Special Marriage Act has been crucial in validating inter-religion and inter-caste marriages, which is a step
forward in the direction of achieving secularism in the dimension of marriage.
Unfortunately, the downside of this act is that when the Special Marriage Act was passed in 1954, it was met with
widespread opposition. There was a lot of uproar regarding this measure as soon as it was passed, especially among
religious minorities like Muslims. These religious minorities believe it is a deliberate move to curtail their religious
freedom and impose a secular code. As much as this is a reasonable concern in religions such as Hinduism, the
question of whether it has assisted in social reform and altered gender interactions in societies becomes crucial.
On the other hand, several discriminatory components of the Hindu cultural ethos that regulate Hindu marriage,
divorce, and married life, on the other hand, are rarely examined.
Similarly, Muslim personal laws have more often than not been discriminatory towards women. The Special
Marriage Act of 1954 has overcome these issues by not paying any heed to the religion of the parties, thus ensuring
equality.