Special Wedding Act
The main intention behind passing the Special Marriage Act in 1954 was to offer legal rights to the residents in India and those residing abroad to marry anyone irrespective to the religion or faith of their partner. The Act stated that, the couple can accomplish their wedding with any ceremony provided it completes all the legal formalities of the Marriage Act.
The Special Marriage Act came in action on 9th of October 1954. The Act has proved to be beneficial for the NRI’s as it has provided the appointment of diplomatic officers as marriage registrars to register marriages between Indian citizens in foreign countries. The Marriage Act is applicable in all parts of India except for the residents residing in Jammu-Kashmir.
There are certain rules that need to be followed in order to solemnize the wedding.
- For the couple getting married, the boy needs to have completed 21 years of age and the girl must have completed 18 years which is the legal age to get marriage according to law.
- Neither of them must have any of their spouse living.
- Both of them needs to be of sound mind to give an approval for the marriage.
- Neither of them must be suffering from any mental disorder and must be fit for marriage and procreation of children’s.
- They should not be in any prohibited relationship.
- For marriages being carried out in the states of Jammu-Kashmir, both the parties must be the citizens of India addressed in the territories to which this Act extends.
- When a marriage is to be carried out in accordance with the Act, both the families need to submit a notice in written and in the form specified in the Second Schedule to the Marriage officer of the district where either of the couple have been residing for not less than 30days immediately before the marriage is submitted.
- A person may even oppose to the wedding before the expiry of 30 days provided the conditions of the Marriage Act are not fulfilled by the party.
- Either of the parties may apply in the District Court within a period of 30 days if the marriage officer refuses to solemnize the marriage.
- The Marriage Officer shall keep the certificate in the Marriage Certificate Book.
- Certificate shall be signed by the parties along with the three witnesses.
There are some relationships that are prohibited according to the Special Marriage Act.
- Relationship by half or uterine blood as well as by full blood.
- Illegitimate blood relationship as well as legitimate.
- Relationship by adoption as well as by blood.