15 Things You Should Know About India’s Special Marriage Act

The Special Marriage Act of 1954 is an act of the Parliament of India. The Act was enacted to facilitate the civil marriage of inter-faith couples. It provides the people of India and Indian nationals in foreign countries a special form of marriage, irrespective of the religion followed by either party.

1. The Special Marriage Act, 1954 replaces the previous Act III, 1872. Act III would permit people to marry whoever they chose under a new civil marriage law. The law would legitimise marriage for people willing to renounce their faith.
2. The Special Marriage Act, 1954 has three major objectives, provide a special form of marriage in certain cases, provide registration of certain marriage, and to provide for divorce.
3. While the Hindu Marriage Act, 1955 is only applicable for Hindus, the Special Marriage Act, 1954 is applicable for all Indians regardless of their religion.
4. The Act is applicable to entire territory of India, it also extends to Indian nationals living in a foreign country.
5. Since the marriage performed under the Act is a civil contract, there are no rites or ceremonial requirements.
6. The groom has to be at least 21-years-old, while the bride must be at least 18-years-old.
7. Neither of the parties can have a living spouse at the time of marriage. If any party was involved in an earlier marriage, the previous marriage must be legally dissolved before applying under the Act.
8. The parties should be competent in regards to their mental capacity, so that they are able to give valid consent for the marriage.
9. In order to register to marry under the Act, couples have to serve a notice with relevant documents to the marriage officer 30 days before the intended date of marriage.
10. Any person can object to the marriage within a period of 30 days. If an objection is raised, the marriage officer cannot solemnise the marriage until they enquire into the matter of objection.
11. A petition filed by Nida Rehman urged the court to declare the provision of the Act which allows for the 30 day notice inviting objections as “illegal, null, void, and unconstitutional”.
12. The Centre has told the Delhi High Court that procedure and conditions, including the 30 day notice are “fair and reasonable”.
13. The Centre informed that the notice’s purpose is to verify the credibility of couple seeking to solemnise a marriage.
14. An inter-faith couple contended that the 30 day notice period discourages couples from getting married.
15. There have been reports of right-wing groups that oppose inter-faith marriages keeping a watch on the notice boards and attempting to discourage or coerce the couple into abandoning their attempt to get married.