Violation of condition mentioned in section 5iii19 of hindu marriage act, 1955 will not make the marriage void while the v iolation of section 4c of the special marriage act, 1954 will make the marriage void under section 241i20 of the special marriage act, 1954. The special marriage act, 1954 extends to the whole of india except the state of jammu and kashmir, but also applies to the citizens of india domiciled in jammu and kashmir. This is a submission on the options thus given to a party frustrated by hisher marriage under the special marriage act, 1954 nullity of marriage the concept of a marriage being a nullity from the very beginning or being annulled subsequent to the marriage is a concept of english origin from the times of the ecclesiastical courts which. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus.
Legal procedure for registration of marriage in india ipleaders. Mar 29, 2018 the special marriage act provides a special form of marriage, its registration and divorce. The groom must be at least 21 years of age and the bride must be at least 18 years of age. Special marriage act 1954 section court delhi page 4. Marriage a sacred institution, considered an integral part of the culture, happens amongst the diverse beliefs and religions of the country. Bengalilegislative department ministry of law and justice goi.
Application form for registration of marriage under section 8 of the hindu marriage act, 1955 india 9 years ago admin. In 201516, up to january, the number had touched 8,391 a 306% increase from 2014 to 201415. Adultery the act of indulging in sexual intercourse outside marriage is termed as adultery. Special marriage act, 1954 updated 2019 writinglaw. The hindu marriage act is relevant to hindus, although the special. What are the exact differences between the hindu marriage act. An act to amend and codify the law relating to marriage among hindus. The special marriage act deals with inter caste and interreligion marriages. These include gifts from her parents, brothers and her husband and his family. Adultery is counted as a criminal offence and substantial proofs are required to establish it. However under the sma, it seems there no special qualification for leprosy any type of leprosy will be a ground for divorce or judicial separation. The special marriage act 1954 is applicable throughout india, except the state of jammu and kashmir. The difference between the present act and the hindu marriage act arises primarily due to the fact that the hindu act requires the person affected with leprosy to be both a incurable and b virulent. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year.
What are the disadvantages of marrying under special. This form has been provided in the special marriage act, 1954. Ii1990dmc438 provision of law as made in section 4 above can be if such a marriage is solemnized under the special marriage act, 1954. The hindu marriage act is pertinent to hindus, though the special marriage act is. A marriage between any two persons belonging to any. What is special marriage act, who will marry under this act and. Application form for registration of marriage under. Procedures of marriage and registration under the special marriage act, 1954. Registration of hindu marriage in india the hindu marriage. The groom and bride cannot be blood relatives and cannot share common ancestors. Solemnization of marriage under special marriage act.
Jun 29, 2016 section of the hindu marriage act 1955 and section 27 of the special marriage act 1954 stated the grounds and reasons for divorce which are as follows. Special marriage act, 1954 pdf download writinglaw. What are the disadvantages of special marriage act of 1954 of india over hindu marriage act of 1955. The party has to go to the subregistrars office in the local area. Matrimonial reliefs to be under special marriage act, 1954. Structure of the hindu marriage act,1955 and special marriage act,1954 1555. Application form for registration of marriage under section 8 of. Be it enacted by parliament in the fifth year of the republic of india as follows. Jun 02, 2019 streedhan in terms of hindu marriage act would include gifts, jewellery, money and moneys worth gifted in marriage to a girl during the wedding. Export as pdf customer support software by instantkb 20152 execution. Special marriage act 1954 in hindi by ishan in this video you will see a lot information about special marriage act 1954 in hindi. So why dont couples from different religions apply to get married under the special marriage act 1954, which was specifically drafted with people like them in mind. The special marriage act1954, india marriage law, marriage.
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. Both acts has a provision for divorce by mutual consensus of both the parties. Special marriage act special marriage act 1954, special. Ii a civil ceremony of marriage 59 on the lines of the special marriage act, 1954 with simple formalities should also be made available to all hindus under the hindu marriage act contrary to popular belief, formalities of a civil marriage or court marriages, as they are commonly called, are not simple or easy. The amendment of the marriage laws propose irretrievable breakdown as an additional ground for seeking divorce. 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. Hindu law formerly recognised no incapacity to marry, e. Oct 21, 2015 formerly, marriages only required religious and social approval but in modern times, it requires legal sanction as well. Practical problems with the special marriages act law. Three other important acts were also enacted as part of the hindu code bills during this time. Check out the clauses of the act in the following lines. Chapter 6 study of various aspects of hindu marital laws. The pdf for special marriage act, 1954 has internal links to help you read those sections or bare acts quickly the pdf for special marriage act, 1954 is fit for mobile phones and has a good font. Hindu marriage act, 1955 and the special marriage act, 1954.
Xxv of 1955 an act to amend and codify the law relating to marriage among hindus be it enacted by parliament in the sixth year of the republic of india as follows. Streedhan in terms of hindu marriage act would include gifts, jewellery, money and moneys worth gifted in marriage to a girl during the wedding. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872, 3 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. What are the exact differences between the hindu marriage. Solemnization of marriage under special marriage act, 1954. The big fat indian wedding performed flamboyantly among hindus is taking a slight step forward towards preference regarding registered marriages.
Application form for registration of marriage under section 15 of special marriage act, 1954 india 9 years ago admin. Application form for registration of marriage under section. Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this chapter the marriage officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied. Marriages under special marriage act not governed by. The special marriage act provides a special form of marriage, its registration and divorce. The indian special marriage act is for those who dont opt the religious way of marriage, i. Application form for registration of marriage under section 15 of special marriage act, 1954 india. Special marriage act, 1954 page 1 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. Indian women, traditionally, had no say in the selection of her marriage partner marriages. The special marriage act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws.
Studies in the hindu marriage and the special marriage acts. Once the solemnization of marriage under special marriage act request has been registered the e district application would forward the application to reader to d. It does not provide for solemnization of marriage by the registrar. The marriage laws amendment bill is a bill that was first introduced in the indian parliament in 2010. A marriage between any two persons belonging to any religion or creed may be solemnised under this act. Intercaste marriage is a marriage between people belonging to two different castes. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. Special marriage act, 1954 page 1 bare acts in india. Section of the hindu marriage act 1955 and section 27 of the special marriage act 1954 stated the grounds and reasons for divorce which are as follows. Be it enact by parliament in the fifth year of the republic of india as follows. Grounds for divorce under hindu marriage act 1955 and special. Summary of hindu marriage act, 1955 your article library. Special marriage act 1954 complete act citation 4199.
The national population policy, 2000 adopted by the government of india has set the target of achieving 100 per cent registration of births and deaths by 2010. From sacrament to contract the changing nature of hindu. Oct 05, 2017 special marriage act 1954 in hindi by ishan in this video you will see a lot information about special marriage act 1954 in hindi. Now it is very important that every indian should know at least some of the basic things about the special marriage act. Thus a hindu who desires to marry in that form must have recourse to that act and also face the consequences flowing from that act. Grounds for divorce under hindu marriage act 1955 and. The hindu marriage act is an act of the parliament of india enacted in 1955. Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this chapter the marriage officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days. Under the special marriage act1954, registration in government offices is an integral part of marriage. Mar 19, 2015 divorce by mutual consent is addressed under s. Short title extend and commencement 1 this act may be called the special marriage act, 1954. Under the special marriage act 1954, registration in government offices is an integral part of marriage. Keep reading 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.
Essential conditions of valid marriage legal bites. Special marriage act 1954 in hindi by ishan youtube. 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. Special marriage act 1954 section court delhi page. A stage had reached when codification of law of marriage had become necessary to solve many controversial issues arising out of hindu marriage and succession.
All subregistrars are registrars of marriages under the hindu marriage act and marriage officers under the special marriage act. Under section 8 of the hindu marriage act 1954, there exists a provision for registration of marriages. If one of them is a hindu and the other a non hindu or both are non hindus, the marriage will not be a subject matter of this act but will relate to some other law i. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special. Special marriage act 1954 the special marriage act states that a marriage between two persons can be legalized, only if the following conditions are satisfied at the time of marriage. The essential conditions of valid marriage are given and discussed below. A uniform and comprehensive law governing all hindus. Caste and religion are considered as many important parameters for a proper solemnized marriage. An act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. In india a marriage can be registered under either of the two marriages act. There was a necessity for codified law applicable to all hindus. 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. Where the marriage is solemnized under this act of any person who professes the hindu, buddhist.
Matrimonial relief under the special marriage act, 1954. It proposes changes to the hindu marriage act, 1955 and special marriage act, 1954. The hindu marriage act is applicable only to the hindus, the hindu marriage act provides for registration of an already solemnized marriage. Bengaluru has witnessed 300% rise in weddings under special marriage act. Where the marriage is solemnized under this act of any person who professes the hindu, buddhist, sikh or jain religion with a. The hindu marriage act, 1955 the special marriage act, 1954. Short title and extent 1 this act may be called the hindu marriage act, 1955.
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