What is the Special Marriage Act, 1954?
The Special Marriage Act, 1954 provides for marriage between persons of different religions or nationalities without requiring either party to renounce their religion. It also provides for registration of marriage and divorce under a secular law.
Key Point: The Special Marriage Act is ideal for inter-religion couples who want a civil marriage without religious conversion. It also allows marriage between an Indian citizen and a foreign national.
Eligibility for Marriage under Special Marriage Act
Groom must be 21 years old
Bride must be 18 years old
Neither party should have a living spouse
Parties should be capable of giving valid consent
Not within prohibited degrees of relationship
Marriage Registration Process under Special Marriage Act
1
Notice of Intended Marriage
Give notice to Marriage Registrar of district where either party resides
2
Public Notice Period
Notice displayed for 30 days for objections
3
Objections (if any)
Anyone can object within 30 days
4
Solemnization
Marriage solemnized at registrar's office after 30 days
5
Certificate
Marriage certificate issued after solemnization
Documents Required for Special Marriage Act Registration
- Notice of Intended Marriage (Form I)
- Proof of age (Birth certificate, 10th certificate, Passport)
- Proof of address (Aadhar, Voter ID, Passport, Ration card)
- Photographs of both parties (5-5 each)
- Affidavit from both parties regarding marital status
- Three witnesses with identity proof
- Passport size photographs of witnesses
Grounds for Divorce under Special Marriage Act
Adultery
Cruelty (physical or mental)
Desertion for 2+ years
Conversion to another religion
Mental disorder or incurable disease
Venereal disease in communicable form
Not heard alive for 7+ years
No resumption of cohabitation after decree of judicial separation
Mutual Consent Divorce under Special Marriage Act
Under Section 28 of the Special Marriage Act, couples can file for mutual consent divorce. Requirements include:
- Living separately for 1+ years
- Both parties agree to divorce
- Cooling-off period of 6 months (may be waived)
- Joint petition filed in District Court
Maintenance under Special Marriage Act
- Under Section 36, 37 of SMA, court may order maintenance
- Interim maintenance during pending proceedings
- Permanent alimony (lump sum or periodic)
- Factors considered: income, conduct, assets, needs
- Section 125 CrPC also applicable
Child Custody under Special Marriage Act
- Guardians and Wards Act, 1890 applies
- Best interest of the child is paramount
- Court may grant custody to mother or father
- Visitation rights for non-custodial parent
Important Note: The 30-day notice period is mandatory under the Special Marriage Act. Objections can be filed by any person during this period. The marriage must be solemnized within 30 days after the expiry of the notice period, failing which a fresh notice is required. Timeframes vary depending on court workload. Consult a qualified legal professional for specific advice.