This article has been written by Ms. Sonali Das, a 3rd -year student of  Army Institute of Law Mohali.

Abstract 

The Special Marriage Act of 1954 is an important legal framework in India since it permits couples of all religions and castes to marry regardless of cultural restrictions. We want to offer a full overview of the Act by studying its contents and digging into the issues and debates surrounding it in this research paper. Furthermore, we will explore the Act’s influence on society and emphasize the importance of marriage registration, particularly in supporting women’s rights. The Special Marriage Act of 1954 runs counter to India’s present personal laws. Existing laws dealing with marriage processes, such as Hindu laws, Christian laws, Muslim laws, and Parsi laws, are described in statutes such as the Hindu Marriage Act of 1955, Indian Christian Marriage Act of 1872, Muslim Marriage Act in India, and Parsi Marriage Act of 1936. However, if a person decides to marry under the Special Marriage Act of 1954, they are technically breaking the law. Our research intends to provide light on the challenges faced by couples who choose to marry under the Special Marriage Act, as well as to recommend ways to improve the legal framework to promote inclusion and better protect the rights of all persons.

Keywords: Special Marriage Act, Marriage, Personal law, Indian , Christian Marriage Act 1872, Muslim Marriage Act in India, Parsi Marriage Act 1936.

Introduction 

Marriage is seen as a sacred act of devotion to God in Hindu religion, leading to spiritual freedom known as moksha. This notion is mirrored in Hindu marriage rites and ceremonies, which are considered as satisfying both societal and religious commitments. Surprisingly, the legal notion of marriage in India transcends caste, religion, and ethnicity. Any couple, regardless of background, can marry in front of a marriage officer and three witnesses.

The Special Marriage Act allows a man and a woman of similar or dissimilar origins to marry in a secular and non-religious partnership. This act, often known as a “civil marriage” or “court marriage,” permits couples to marry without following traditional community norms. This act encourages inclusion and removes the limits of caste and religion in marriage by acknowledging inter-community and inter-caste unions.

The Special Marriage Act’s Objective

It is an undeniable reality that people have the intrinsic right to choose their life mate. In essence, this law sets a legal mechanism for marriage registration and enforces a set of rules. It applies to all Indian people, protecting their freedom of choice. Specifically, the Act protects all persons who choose to marry outside of religious and caste barriers. Unfortunately, Indian culture has been afflicted by a slew of societal evils, including dishonourable deaths and the threat of “love jihad,” which occurs when interfaith couples face prejudice and lack sufficient legal recognition. It is critical that we solve these concerns and maintain our society’s ideals.

The Special Marriage Act is important because it provides a legally recognized platform for couples who want to marry outside of the norms of traditional religious and cultural customs in India. It provides an inclusive chance for persons from all backgrounds, faiths, and castes to marry and have their marriage officially recognized under Indian law. Without a question, the Special Marriage Act 1954,  provides an important foundation for couples who choose to start on a marital path that defies traditional standards.

Prabir Chandra Chatterjee vs Kaveri Guha AIR 1987 featured a divorce proceeding under both the Indian Marriage Act and the Special Marriage Act. This was due to the couple’s original marriage under the Indian Marriage Act, which was then solemnized under the Special Marriage Act.

Stephen Joshua vs. DJ Kapoor included a married couple who married under the Christian Marriage Act but later divorced under the Special Marriage Act. However, the court dismissed their plea as invalid. 

More recently, in Sufiya Sultan and Ors vs State of U.P and Ors 2021, the Allahabad High Court ruled that the Section 5 notice requirement applies to couples who desire to submit a public notice under Section 6 and pursue the objection procedure specified in Section 7.

Important Sections Related to Special Marriage Law

To be eligible for marriage under the Special  Marriage Act, both parties must meet specific conditions. These requirements are stated in Section 4 of the Act, which is dedicated to the solemnization of exceptional marriages. The following requirements must be met at the time of the ceremony for a marriage to be legitimate under this Act:

(a) neither of the parties has an actual living spouse;

(b) neither party—

(i) is not capable of granting a valid consent to it due to unsoundness of mind; or

(ii) though able and capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(iii) has been subject to recurrent attacks of insanity; or 

(c) the male has reached the age of twenty-one years, and the female has reached the age of eighteen years; and

(d) the parties are not in the forbidden relationship degrees.

Section 5: The parties must notify the county registrar in writing and at least one party  must reside in the county for 30 days prior to filing the petition.

Section 6: A true copy of the notice will  be entered in the Marriage Notice Register upon receipt of the application and issued as a public  notice within 30 days for her to decide whether the marriage is contested.

Section 8: Anyone can object to a marriage proposal after it has been published.

Once your appeal is received, the necessary investigation will be conducted and  processed accordingly.

Section 11: A proposal must be signed by the spouse and her three witnesses and must be signed and witnessed by the clerk of the court.

Section 12: A wedding ceremony may be held in the office of the officiant, or if it is held outside the officiant’s office, it may be held at a reasonable  distance from the officiant’s office. You may also have to pay additional office fees.

Section 13: After the wedding ceremony, the wedding officiant issues a marriage certificate.

Section 26 of the Act recognizes the capacity of a child born to a person. Section 26: Recognizes the legitimacy of children of married couples under this law.

Chapter IV of the Special marital Act of 1954 handles the issues of marital nullity and divorce.

Section 24 deals with null and invalid marriages, whereas Section 25 deals with marriages that can be dissolved. 

Section 27 also discusses the causes for divorce, while Section 28 discusses the possibility of mutual consent for divorce.

The Marriage Act defines and specifies invalid marriages under Section 24. Any marriage performed under this Act is instantly declared null and invalid. This implies that if certain circumstances are satisfied, either partner can submit a petition against the other to have the marriage declared void by a declaration of nullity.

1. If any of the conditions specified in Section 4 Clauses (a), (b), (c), and (d) have not been satisfied; or
2.  If the respondent was unable to perform sexually at the time of the marriage and continues to be so at the time of the lawsuit’s filing.

This clause does not apply to marriages performed in accordance with the Act, as specified in clause 18. A marriage may be ruled illegal if it is registered under Chapter III in violation of any of the requirements mentioned in Clauses (a) to (e) of Section 15.

Any marriage that falls under the authority of Section 25 of the Marriage Act may be declared void by a declaration of annulment if one of the following requirements is met: 

1) the marriage was not completed owing to one party’s voluntary refusal, 

2) the responder was pregnant by someone else at the time of marriage, or 

3) one party’s permission was gained by pressure or fraud as specified in the Indian Contract Act of 1872. 

Section 27 of the Act describes the circumstances that lead to divorce. If their spouse satisfies specific conditions, any party, the husband or wife, may seek for formal dissolution of marriage in District Court. Infidelity with someone other than their spouse, deserting the petitioner for at least two years, or serving a jail term of seven years or more for a specific violation as described in the Indian Penal Code are examples of these.

Section 28 of the Act deals with Divorce by Mutual Consent, which is a very important clause. 

1. As specified in this provision, both parties may file a joint petition for divorce with the District Court if certain requirements are satisfied. These include a year or more of separation, an inability to resolve their issues, and an agreement to dissolve the marriage by mutual consent.
2. Both parties may file a motion no sooner than six months after the petition was filed, but no later than eighteen months later. If the petition is not withdrawn during this period, the District Court will carefully review the facts and convene a hearing to determine whether the marriage was legally celebrated under this Act. If the court decides that the claims in the petition are true, a decree to dissolve the marriage will be issued, with effect from the date of the decree.

Advantages of the Special Marriage Act 1954

Couples who marry under the Special Marriage Act are not only legally tied, but their marriage is also automatically recorded. This provides them with strong written documentation of their relationship, securing their legal position as well as the legal status of their children. This is especially important for women who may need to exercise their rights to inheritance or maintenance in the event of a divorce or take legal action against bigamy. A marriage done entirely through a religious ceremony, on the other hand, might be difficult to recognize in court, particularly when time has gone, witnesses have died, and the other spouse challenges the marriage’s legality. As a result, regardless of any other religious or personal rituals or agreements that may be selected, it is strongly advised to formally document one’s marriage under the Special Marriage Act.

When it comes to divorce and its accompanying rules, the provisions of the Hindu Marriage Act are on par with those of the Special Marriage Act. As a result, marrying under the Special Marriage Act provides no considerable advantage to two Hindus in this regard. However, this Act provides a chance for other religious communities, such as Muslims and Christians, to take use of its provisions. If two Muslim people marry under this Act, the guy is not allowed to marry another or divorce his wife orally, even if he is still a devout Muslim.

Two Christians contemplating a divorce may feel confined and disappointed when confronted with the limits of archaic Indian Christian laws. There is, however, a solution: they can register their marriage under the recently amended Special Marriage Act. They open the door to the potential of divorce through a mutually agreed-upon process. It should be noted, however, that this alternative is only practical if both parties are prepared to follow the Special Marriage Act’s conditions.

Conclusion 

The Special Marriage Act is extremely important in a varied country like India, where people have different religious beliefs, customs, and castes. It allows people to marry people from different castes or religions without having to leave their own beliefs. This legislation legalizes inter-caste and inter-faith marriage by removing caste and religious limitations, encouraging equality and justice. Furthermore, it is a crucial instrument in avoiding caste and religious prejudices from impeding such marriages and encouraging the control of caste and religious disparities.

Reference 

Blog/Articles/Website 

• What is Special Marriage Act, all you need to know – India Today (Accessed on 28th Dec, 2023)
• https://www.article-14.com/post/how-the-special-marriage-act-is-killing-love (Accessed on 28th Dec, 2023)
• https://lddashboard.legislative.gov.in/actsofparliamentfromtheyear/special-marriage-act-1954 (Accessed on 28th Dec, 2023)
• https://www.scconline.com/blog/post/tag/special-marriage-act/ (Accessed on 28th Dec, 2023)
• https://www.thehindu.com/news/national/open-notice-of-intent-to-marry-under-special-marriage-act-is-an-invasion-into-privacy-of-couples-reeks-of-patriarchy-sc/article66760460.ece (Accessed on 28th Dec, 2023)
• https://restthecase.com/knowledge-bank/divorce-under-the-special-marriage-act (Accessed on 28th Dec, 2023)
• Read Nupur Basu, ‗Honour killings: India’s crying shame,‘ available at http://www.aljazeera.com/indepth/opinion/2013/11/honour-killings-india-crying-shame20131127105910392176.html (Accessed on 28th Dec, 2023)
• See also Dr. Divya Chansoriya, ‗Law Of Special Marriage Act ―1954‖ In India,‘ available at ijierm.co.in/index.php/IJIERM/article/view/137/145 (Accessed on 28th Dec, 2023)

Case laws 

• Prabir Chandra Chatterjee Vs Kaveri Guha AIR 1987,
• Stephen Joshua Vs DJ Kapoor, 58 (1995) DLT 57
• Sufiya Sultan and Ors Vs State of U.P and Ors 2021,

Reports 

• Special Marriage Act, 1954.