This part shall apply to all marriages solemnized in botswana except marriages contracted in accordance with any customary law of botswana or muslim, hindu or other religious rites. Hours for solemnization of marriages the effect of the. Marriage registration laws in india complete legal. India follows a rigid structure of the caste system, and interreligion marriage is still considered a taboo in the country. Solemnization of marriage govt orders 1 punjab edistrict. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 iii of 1872, or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely.
Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled. Mar 06, 2019 in rajee vs baburao 1995 mlj 492 case, the karnataka high court held that a marriage performed under the christian marriage act and validly registered under the provisions of special marriage act can be dissolved on the basis of mutual consent under section 28 of the special marriage act if the conditions laid down in that section are fulfilled. Notwithstandi ng anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this act, if at the time of the marriage the following con. Divorce by mutual consent under the special marriage act. Solemnization of marriages in country outside the union. Bihar marriage registration rules, 2006 latest laws. Section4 conditions relating to solemnization of special marriages. Solemnization of marriage under special marriage act, 1954 the special marriage act was enacted to provide a special form of marriage by any person in india and all indian nationals in foreign countries irrespective of the religion either party to the marriage may profess. Chapter 1 of the special marriage act deals with the applicability of the act. Feb 22, 2018 special marriage act,1954 considered marriage as a civil contract. Solemnization of marriage under the special marriage act 1954 author. Although marriage laws allow only the registration of an already solemnized marriage under personal laws. Marriage act 1961 1 an act relating to marriage part ipreliminary 1 short title see note 1 this act may be cited as the marriage act 1961. The special marriage act, 1954 extends to the whole of india except the state of jammu and kashmir and also applies to citizens of india.
Before the enactment of indian christian marriage act, 1872 the law relating to solemnization in india of marriage of persons professing the christian religion was guided by two british acts, 14 and 15 vict. The format of the form is important as it contain all the details of bride and groom, their residential address, name initials, contact details and more. The formal requirement of the performance of a marriage ceremony and the professional class that may marry a couple. A marriage registration form is a document that is essential to register marriage under hindu marriage act or special marriage act across india. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals in foreign countries, irrespective of the religion or faith followed by either party. Every marriage officer shall cause his name, designation and the regular working hours of his office, to be written in english and in the language or languages. Publication of banns and solemnization of marriages during the repair and rebuilding of churches. It gave condition and requirement for the special marriage. Marriage and its registration under special marriage act. The purpose of this government order is to ensure that the defined process of service delivery for the. Special marriage act procedure in chennai,tamilnadu special marriage act was passed in 1954 and it focuses on providing a special form of marriage for people of india and indian nationals in foreign countries, without considering the religion or faith followed by the bride and the groom. The applicant is entitled for marriage registration under and special marriage act, 1954 if one party either groom or bride must be a citizen of india. Although the hindu marriage act, 1955 and the special marriage act, 1954 are the two main legislation governing the process of solemnization and registration of marriage in india, there is certain other legislation enacted to oversee the process of marriage solemnization and marriage registration between certain minority religions that are.
Conditions relating to solemnization of special marriagesnotwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this act, if at the time of the marriage the. Also in the case of mishappening, it gave power to courts to interfere. How to register marriage under special marriage act in india. Procedure for solemnization of marriage under the special.
Download pdf for special marriage act, 1954 colourful and systematic 2 it extends to the whole of india except the state of jammu and kashmir, and applies also to citizens of india domiciled in the territories to which the act extends who are in the state ut of jammu and kashmir. For example, in one state, a mayor, magistrate, county clerk, city clerk, judge, or justice may perform the solemnization. Conditions relating to solemnization of special marriages. Special marriage act has carved a simple means to legally register a marriage between two people from different religion, however even if both of the intending parties belong to the same religion, they can choose to register the marriage under this act. Act no vii of 2017 21st march, 2017 an act to provide for solemnization of marriages by hindu families and for matters ancillary and incidental thereto. For the acceptance of such marriage, our parliament enacted a proper legislation i. In exercise of the powers conferred by section 50 of the special marriage act, 1954 xliii of 1954 and in. The solemnization of marriage act, rsa 1955 c 319 canlii. Short title and extent 1 this act may be called the hindu marriage act, 1955. Special marriage act 1954 complete act citation 51964. Under the special marriage act, 1954 certain conditions have been laid down under sec. When a marriage is intended to be solemnized under this act, the parties to the marriage shall give notice thereof in writing in the form specified in the first schedule to the marriage officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such. Restriction on petitions for divorce during first one year after marriage. Under the act a marriage must be in a common marriage shape.
Service level for solemnization of marriage under special marriage act service levels for all the intermediate process activities have been clearly defined and it is preferable for all the concerned process actors to observe service levels defined as per annexure c for the service of solemnization of marriage under special marriage act. Whereas it is constitutional obligation that the state shall protect the marriage, the family, the mother and the child and also safeguard the legitimate, rights. The special marriage act extends to the whole of india except the state of jammu and kashmir and applies also to citizens of india domiciled in the territories to which. Jul 30, 2011 the special marriage act an introduction. Conditions relating to solemnization of special marriage notwithstanding anything contained in any other law for the time being in force relating to the. Solemnization of marriage under the special marriage act. The special marriage act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. As the name suggests, special marriage act is a special legislation in india, which enable a special form of marriage for the couples, following different religions, or desiring a civil form of marriage.
In deciding on the validity of any marriage solemnized after the commencement of the marriage act, 1961, which has not before the commencement of this section been. The parliament introduced the special marriage act, 1954 which allows for a special form of marriage for the people of india to marry irrespective of their religion. Except as aforesaid, and except as in section 37 of this act non observance provided with respect to marriages under that section, no of the condl marriage otherwise lawful which has been actually solem tions of ths ac nized shall be declared void on the ground that any of. Section 4 conditions relating to solemnization of special marriage notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled namely. In other words, the act provides for validity of marriage between men and women irrespective of caste and religious restrictions. Conditions relating to solemnization of special marriage. Oct 16, 2018 india follows a rigid structure of the caste system, and interreligion marriage is still considered a taboo in the country. Publication of banns and solemnization of marriage where church injured by war damage.
Special marriage act 1954 history, scope, requirement. Procedure for solemnization of marriage under the special marriage act, 1954 the district registrars and sub registrars are marriage officers as per the act. Who may perform such a ceremony varies depending on the particular laws of the state. Powers of marriage officers in respect of inquiries. Short title extend and commencement 1 this act may be called the special marriage act, 1954.
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. The special marriage act, deals with both solemnization and registration of marriage. Conditions relating to solemnization of special marriages notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely. Laws on registration of marriage and divorce a proposal. In addition to the provisions for solemnization of special marriages, the act also provides for registration of marriages celebrated. Solemnization of marriage under special marriage act was enacted to provide a special form of marriage by any person in india and all indian nationals in foreign countries irrespective of the religion either party to the marriage may profess.
Although marriage laws allow only the registration of an already solemnized marriage under personal laws, the special. Publication of banns and solemnization of marriages during disuse of churches. Under the act, any two persons irrespective of their religion can get married. Conditions relating to solemnization of special marriage notwithstanding anything contained in any other law for the. An act to make provision relating to marriages of citizens of india outside india. Urban development and public health department sachivalaya, bombay 27th april 1964.
Be it enacted by parliament in the twentieth year of the republic of india as follows. Solemnization law and legal definition uslegal, inc. Conditions relating to solemnization of special marriages notwithstanding anything contained in any other law for the time being in force relating to be solemnization of marriages, a marriage between any tow persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely. Unlike the other indian marriage acts, where the marriage needs to be solemnized in a religious ceremony and then the marriage is registered. The entomb religious or bury shared relational unions are conceivable in india just under the special marriage a ct, 1954. Solemnization refers to the performance of a formal marriage ceremony before witnesses. Solemnization of marriage govt orders 1 punjab, india. This act may be cited as the solemnization of marshort title riage act. The solemnization of marriage act chapter 319 an act respecting the solemnization of marriage 1. Solemnization of marriage as under special marriage act. The unique feature of the christian marriage act, 1872 is that it permits the marriage where either both the parties to the marriage are christian or either of the parties is christian. Solemnization of marriage under special marriage act, 1954.
The act provides for a special form of marriage in certain cases. The special marriage act 1872 remained in force until after independence and was eventually repealed by and replaced with the new special marriage act 1954. In these rules, unless the context otherwise requires 1 act means the special marriage act, 1954 xlii of 1954. This act provides various procedure and formalities to be followed for the solemnization of marriage. Marriage under special marriage act,1954 indian family law. Solemnization of marriage under the special marriage act 1954. In other words, it is the public performance of a sacrament or solemn ceremony with all appropriate rituals. Its provisions on solemnization cumregistration of marriages were, however, more or less retained under the new act. The special marriage act, 1954 the act, was enacted to provide a special form of marriage, to persons in india, and indian nationals abroad, irrespective of the faith which either party to the marriage may profess. Unauthorized solemnization of marriage ceremonies forbidden. Section 12a amended by section 11 of act 11 of 1964 section 12 of act 11 of 1964 states. Since the passing of the hindu marriage act, various suggestions for amending the same as well as the special marriage act, 1954, were received from some members of parliament and the general public.
Solemnization of marriage means solemnization of marriage under provisions of any custom, personal law or under special marriage act, 1954, or any other act. Special marriage act, 1954 updated 2019 writinglaw. Indian legal system civil laws family laws the indian christian marriage act, 1872 requisites of solemnization of christian marriage to solemnize means to duly perform. October, 1954 1 an act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Mar 23, 2017 the act provides for a special form of marriage in certain cases. Special marriage act, 1954 act 43 of 19541 with short notes. Conditions relating to solemnization of special marriage s notice of intended marriage 5. In other words, the act provides for validity of marriage between men and women irrespective of. The special marriage act is a special law laid down by the legislature to establish a unique form of marriage by registration wherein the parties to the marriage do not have to renounce their religion. Hours for the solemnization of marriages in the church of england the effect of the repeal of section 4 of the marriage act 1949 section 4 of the marriage act 1949 restricted the hours when marriages may be solemnized to between 8. Under the special marriage act, 1954 any two peoples can play out a marriage.
Special marriage act,1954 considered marriage as a civil contract. Solemnization definition of solemnization by the free. Panchayat or ward commissioner counsellor of an urban local body for the marriages solemnized in his jurisdiction, iii. The special marriage act was enacted to provide a special form of marriage by any person in india and all indian nationals in foreign countries irrespective of. Solemnization of marriage under special marriage act. An act to consolidate certain enactments relating to the solemnization and registration of marriages in england with such corrections and improvements as may be authorised under the consolidation of enactments procedure act, 1949.
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