The object of passing the buddhist womens special marriage and succession act was. The special marriage act, 1954legislative department. Special marriage act, 1954 43 of 1954 section 272ii appellant wife has been proceeded ex parte on account of her failure to appear before the court to contest the petition despite service through publication the ex parte proceedings against the appellantwife, which had ultimately culminated into the decree of divorce matrimonial relationship between the parties has been. Special marriage act, 1954 pdf download writinglaw. Special marrige act 1954 the special marriage act deals with inter caste and interreligion marriages.
Matrimonial relief under the special marriage act, 1954. Now it is very important that every indian should know at least some of the basic things about the special marriage act. Special marriage act 1954 complete act citation 4199. Upon receipt of an application signed by both the parties to the marriage for the. The special marriage act, 1954legislative department ministry of. Short title extend and commencement 1 this act may be called the special marriage act, 1954. Short title, extent and commencement 1 this act may be called the special marriage act. What are the grounds for divorce under the special. India follows a rigid structure of the caste system, and interreligion marriage is still considered a taboo in the country.
Short title, extent and commencement 1 this act may be called the special marriage act, 1954. Marriage is the sacred union, legally permissible, of two healthy bodies of opposite sexes. What are the grounds for divorce under the special marriage. It the of india except state of f i n to which this agt to o are of carne as the in the official gazette. Marriage and its registration under special marriage act. What are the grounds for divorce under the special marriage act, 1954. Intercaste marriage is a marriage between people belonging to two different castes. We are not within the degrees of prohibited relationship. Divorce by mutual consent under the special marriage act. How to register marriage under special marriage act in india. The special marriage act was passed in 1954 by the indian parliament as an extension of the british law. Succession to property of parties married under act. Special marriage act 1954 in hindi by ishan in this video you will see a lot information about special marriage act 1954 in hindi. 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.
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. Special marriage act, 1954 bare acts law library advocatekhoj. 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. Topics special marriage act 1954 collection opensource language english. Crisp news summaries and articles on current events about special marriage assam rules 1954 for ibps, banking, upsc, civil services. Procedure for registration of marriage special marriage act registration fees structure. Solemnization of marriage under special marriage act, 1954. Rules regulations notifications orders circulars statutory ordinance statutes.
Special marriage act, 1954 19541 it by year of republic f short this called the martiage act. For instance under muslim individual law marriage between the primary cousins is allowed. Conditions relating to solemnization of special marriage. The special marriage act, 1954 siff for mens rights. Form ii summons to witness form iii application for registration of a marriage under sec. Notwithstanding any restrictions contained in the indian succession act, 1925 39 of 1925, with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this act and to the property of the issue of such marriage shall be regulated by the provisions of the. May 19, 2018 however, the marriage may even be registered under sma, 1954 even if the parties are capable of getting married under their religious law. Any marriage solemnized under this act shall be voidable and may be annulled by a decree of. Marriage under special marriage act,1954 indian family law duration. Be it enacted by parliament in the fifth year of the republic of india as follows chapter i preliminary 1. The special marriage act, 1954 was passed in the year 1954 and came into force from 1st january,1955. Oct 07, 2008 an act to provide a special form marriage in certain cases, for the registration of such and certain other marriages and for divorce.
In india, all marriages can either be registered under the respective personal law hindu marriage act, 1955muslim marriage act, 1954 or under the special marriage act, 1954. An act to provide a special form of marriage in certain cases, for the registration of. Website content managed by legislative department, ministry of law and justice, government of india designed, developed and hosted by national informatics centre nic last updated. 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. In india, all marriages can be registered either under their respective personal laws hindu marriage act, 1955muslim marriage act, 1954 or. Oct 16, 2018 india follows a rigid structure of the caste system, and interreligion marriage is still considered a taboo in the country. So, the position of nonbuddhist husbands myanmar buddhist wife was still very unfavorable to her. Any marriage solemnized under this act shall be voidable and may be annulled by a decree of nullity if. The special marriage act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. The entomb religious or bury shared relational unions are conceivable in india just under the special marriage a ct, 1954. The supreme court of india, in 2006, made it mandatory to register all marriages. 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.
Be it enact by parliament in the fifth year of the republic of india as follows. The special marriage act deals with inter caste and interreligion marriages. In india, a marriage can either be registered under the hindu marriage act, 1955 or under the special marriage act, 1954. Under the special marriage act, 1954 any two peoples can play out a marriage. 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. Nov 11, 2019 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. Be it enacted by parliament in the fifth year of the republic of india as follows. Special marriage forms india form, india, special marriage.
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. An act to provide a special form marriage in certain cases, for the registration of such and certain other marriages and for divorce. Jul 30, 2011 the special marriage act an introduction. 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. The fundamental purpose of the act was to provide special type of marriage, registration of marriage and divorce in certain cases stated in the legislation. In addition to the provisions for solemnization of special marriages, the act also provides for registration of marriages celebrated. Under the act a marriage must be in a common marriage shape.
Our marriage was celebrated before the commencement of the special marriage act 1954 central act 43 of 1954 and according to the law custom us age having the force of low governing each of us relationship according to the act for said. Jul 07, 2017 special marriage act 1954 in hindi pdf. Delhi hc bar association promulgates grant of exgratia relief scheme 2020, will give financial aid upto rs 10,000 to deserving members. Special marriage act inspector general of registration. Muslim marriages under special marriages act, 1954. A marriage under the special marriage act, 1954 allows people from two different religious backgrounds to. Further, contrary to special marriages act, performance of certain rituals and ceremonies are a mandatory under hindu marriage act under section 7. Hindu marriage registration requirements and precautions. Courts act, 1976 and article 227 of the constitution of india, the high court of himachal pradesh, hereby makes the following rules to regulate the proceedings under the said act. The special marriage act, 1954, i term it as sma aims to provide for a special form of marriage, its registration and for divorce. Registration of various types ofdocuments mandatory and nonmandatory stamp duty information under the stamp assam. The act originated from a piece of legislation proposed during the late 19th century.
Marriage act, 1954 requires certain preliminaries to the. An act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Special marriage act, 1954 updated 2019 writinglaw. A marriage registration form is a document that is essential to register marriage under hindu marriage act or special marriage act across india.
It has to be mental, psychological and physical union. History of myanmar buddhist womens special marriage law. 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. Parties to a marriage generally do not have divorce in mind while contracting any form marriage recognizable under the law, as marriages are naturally contracted with the traditional cum conservative mindset that it will last forever or ultimately for the lifespan of either spouses or partners. Latest current affairs in march, 2020 about special marriage assam rules 1954. 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. 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. Divorce special marriage act, 1954 bare acts law library. When two souls thus unite, a new soul comes into existence.
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. This hc directs govt to take firm action against tablighi jamaat foreign nationals, read judgement. However, the myanmar buddhist womens special marriage and succession marriage act, 1939 was enacted by legislative council, it was unaffected. The difference is that special marriage act, 1954 lays a relaxation on such prohibitions whereas hindu law does not lay a relaxation. What are the conditions for a valid marriage under this act.