Obligation to Provide Written Notice
The District Marriage Officer must be notified in writing by the parties per Section 5 of the Act. Also, at least one of the spouses must have lived in the district where the marriage is being registered for at least thirty days before the notification date.
A person may object to the marriage under Section 7 of the Act within thirty days of the notification being published.
Special Marriage Act, 1954
The Special Marriage Act (SMA) of 1954 is a personal regulation that lets couples in India marry or divorce their partners outside of religious marriage limitations. The SMA furnishes a legal foundation for the union of individuals from separate castes or faiths. In these marriages, the state, not any religious bodies, grants permission for the relationship. The judiciary system ensures that the rights of both spouses are protected under this Act.
These kinds of civil marriages are permitted to be performed for Indian citizens and Indian nationals residing overseas. This Indian Act, which acknowledges both lawful and religious weddings, is comparable to the requirements of the 1949 Marriage Act of the UK. The Act was designed around late 19th-century legislation.
Table of Content
- History of Special Marriage Act 1954
- Application and Fundamental Clauses Special Marriage Act 1954
- Distinction from Personal Laws
- Obligation to Provide Written Notice
- Complications with the Special Marriage Act, 1954
- FAQs on the Special Marriage Act 1954