Introduction:

In Indian Society, Marriage holds a sacred place and the Special Marriage Act promotes a framework how individual can marry through a civil procedure which is irrespective of religion, caste or creed.

The Act permits individuals to marry outside their faith by laying down conditions relating to age, eligibility, soundness of mind and safeguarding towards the individual rights.

Moreover, the Act creates certain complexities; it actively drives progressive social change by encouraging inter-caste and inter-faith marriages.

Evolution and legislative Framework:

The Legislature enacted this provision in newly independent India to establish an effective legislative framework.

The Special Marriage act, 1954 was intended to regulate a special type of marriage by though a compulsory registration and certification which is an essential aspect in order to legalize the aspect of marriage.

This act is applicable to all the Indian whether they live in India or outside.

Basic Requirements For Registration:

1) Both the parties must be Indian Citizen
2) The parties must be in full consent of the marriage
3) If any of the parties had an n earlier marriage then it has to been legally dissolved.
4) The age limit of the male should be 21years and female should be at least eighteen years.

5) The marriage is too solemnized in front of the marriage officer and three witnesses.
6) Should have a copy for marriage notice book.

Special Marriage Act Procedure:

Why Does Registration Of Marriage Matter So Much Under The Special Marriage Act?

This is an eminent step towards entering in to recognition of registration of the marriage which also symbolizes as secure and protection towards the couple.

An application will be duly mandatory for both the parties in order to refrain from any objections of marriage.

A marriage officer will be appointed and will give a notice period of 30 days as a mandatory enquiry.

Now, within this period if any issue arises from any of the parties , then the marriage cannot be solemnized and therefore it might led to for an enquiry which will be conducted by the marriage officer.

Legal Problems That Are Being Faced Under This Provision:

1) This act compels both the parties to wait for the Mandatory one month notice period for any objection as per mentioned in section 5 of the act.

The problem that arises is that the law provides an intimation of the parties which sometimes led to violation of privacy as the notice will be displayed publicly outside the Marriage Officers.

Under such circumstances, this can lead to the individual’s life jeopardized and harm personal liberty.

2) Another important issue that arises as per section 7 that any person may object before the expiration of thirty days’ notice period.

This sometimes led to confusions, societal pressure which might cause insufficient and weak towards the existing protection. This creates a negative aspect to the socio culture belief leading to emotional coercion.

3) Special Marriage acts aims to provide with a vision of secular marriage so that through this act so it does not create tension between the individual.

However, a substantial segment of the population is unaware of the measures which lead to socio cultural oppression.

4) Procedural regulation is often delayed which causes objections, regulations, lack of uniformity, harassment to both the intended parties.

5) Last but not the least due to issuance of the notice of 30 days period publicly creates an objection towards infringement of Right to Privacy under article 21 of Constitution , were the disclosure of personal information such data of the individuals breaks the limits provided in section 5 and 7.

Recent Legal Issues:

FORGERY OF THE CERTIFICATE: Recently, in Allahabad High Court passed an
order stating that a marriage which is being held under this act is only valid if there is no unlawful conversion of certificate.

If one of the intended parties illegally found in conversion of certificate then the marriage will not be held valid.

PIL FILLED AGAINST 30 DAYS NOTICE PERIOD: A Public Interest litigation
was filled under Special Marriage Act, 1954 stating that the parties who intended to marry must obey the one month notice before solemnizing the marriage.

This PIL was filled in Supreme Court, 2020. Later on the Petition was heard and dismissed as they found no such reason to be discussed upon.

However, in April 2023 D Y CHANDRACHUD confronted and stated about the Provision to be “Patriarchal”.

The major concern about this notice is that it raises a regime to privacy infringement and safety concern of the couple which are being exposed to public officially during the 30 days period.

Conclusion:

As we reach the end, we can conclude that The Special Marriage Act provides an exhaustive details relating the institution of marriage, promotes secular and empowers the people to believe in inter- caste and inter – faith marriages but also lacks in procedural segments that undermines privacy, safety and personal wellbeing to the individual parties.

Planning an inter-faith or civil marriage? Don’t let bureaucratic hurdles delay your special day. We assist couples with document verification and the 30-day notice period to ensure a hassle-free registry marriage.

Simplify Your Marriage Registration:

Frequently Asked Questions: