The special marriage act, 1954 43 of 1954 9th october, 1954 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. 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 complete act citation 4199. 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. Special marriage act, 1954 19541 it by year of republic f short this called the martiage act.
Application form for registration of marriage under section 15 of special marriage act, 1954 india 9 years ago admin registration forms. 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. In india, a marriage can either be registered under the hindu marriage act, 1955 or under the special marriage act, 1954. Website content managed by legislative department, ministry of law and justice, government of india designed, developed and hosted by national. Form iii application for registration of a marriage under sec. The act received the assent of the president on october 9, 1954 and came into force on january 1, 1955. Section 28 of the special marriage act, 1954 and section 10a of the divorce act, 1869, also provides for divorce by mutual consent. Oct 29, 20 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. Aug 11, 2014 a special form of marriage in certain cases, for the registration of marriages and for divorce. The special marriage act, 1954legislative department. Short title extend and commencement 1 this act may be called the special marriage act, 1954. Where an objection is made under section 7 to a marriage officer 1in the state of jammu and kashmir in respect of an intended marriage in the state, and the marriage officer, after making such inquiry into the matter as he thinks. The law under which the parties have married is the law which will govern the marriage disputes.
Special marrige act 1954 the special marriage act deals with inter caste and interreligion marriages. In addition to the provisions for solemnization of special marriages, the act also provides for registration of marriages celebrated. Matrimonial relief under the special marriage act, 1954. Hindu marriage if marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage. Intercaste marriage is a marriage between people belonging to two different castes. Various laws governing nri marriages are hindu marriage act, 1955, special marriage act, 1954, the foreign marriage act 1969 and other personal law through which both the spouses are governed.
Conditions relating to solemnization of special marriage. Download pdf the special marriage act 1954 free online. An act to provide a special form of marriage in certain cases, for the registration of such. When either he husband or the wife has, without reasonable excuse, withdrawn from the society of he other, the aggrieved party may apply by petition to the district for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the. This format is applicable for all continue reading download marriage registration. Under special marriage act one partner may belong to different religion other than hindu. And there is also a secular law called special marriage act,1954. Registered 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. 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.
The special marriage act, 1954 was passed in the year 1954 and came into force from 1st january,1955. Divorce by mutual consent in india step by step procedure. The supreme court of india, in 2006, made it mandatory to register all marriages. 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. The special marriage act 1954 download the special marriage act 1954 ebook pdf or read online books in pdf, epub, and mobi format. Stey by step procedure to file for a mutual divorce.
May 27, 2019 under the hindu marriage act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in section. Procedure on receipt of objection by marriage officer abroad. Conditions relating to solemnization of special marriages. The special marriage act deals with inter caste and interreligion marriages. The bill replaces the words not earlier than six months in section b with the words upon receipt of a petition. The divorce petition is in the form of affidavit, which. The special marriage act, 1954, i term it as sma aims to provide for a special. A marriage is registered under the special marriage act, 1954 when both the husband and wife are not hindus, buddhists, jains or sikhs. The answers should be unique and in ones own words. The act originated from a piece of legislation proposed during the late 19th century. She cannot file a petition seeking nullity of their marriage at this stage, she can file a divorce petition seeking to dissolve their marriage. The parliament introduced the special marriage act, 1954 which allows for a special form of marriage for the people of india to marry. Download bare act of the special marriage act, 1954 in pdf. An act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.
It is barred by limitation for filing a petition to seek annulment of marriage by a decree of nullity at this stage. The special marriage act1954, india marriage law, marriage. The hindu marriage act is applicable for cases where the husband and wife both are hindus, buddhists, jains or sikhs and if they were converted to any of these religions. Received the assent of the president on the 9th october, 1954 the special marriage act 195 43 of 1954 act. 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. Special marriage act, 1954 bare acts law library advocatekhoj. 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. The special marriage act, 1954legislative department ministry of. The act gives unwinding gave that custom representing one of the gatherings licenses marriage between them. Click download or read online button to the special marriage act 1954 book pdf for free now. 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. Registered marriage under special marriage act, 1954. Jan 07, 2017 and there is also a secular law called special marriage act, 1954. Application form for registration of marriage under section.
We are not within the degrees of prohibited relationship. The special marriage act, 1954, i term it as sma aims to provide for a special form of marriage, its registration and for divorce. 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. Where an objection is made under section 7 to a marriage officer 1in the state of jammu and kashmir in respect of an intended marriage in the state, and the marriage officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall. Marriages solemnized under special marriage act are not. Grounds for divorce under special marriage act page 1 laws in india 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. Special marriage act 1954 archives legal news law news. Special marriage act, 1954sections24 to 29 hello counsel. The 3rd november 1954 the following act passed by parliament and published in the gazette of india, extraordinary, part ilsection 1, dated the 11th october, 1954 is republished for general yinformation. Under the hindu marriage act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in section. She can file a divorce petition on the grounds of desertion, nonconsummation of marriage, noncohabitation and cruelty. Divorce by mutual consent under the special marriage act, 1954.
The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in 2012. A marriage registration form is a document that is essential to register marriage under hindu marriage act or special marriage act across india. Mar 23, 2017 special marrige act 1954 the special marriage act deals with inter caste and interreligion marriages. Application form for registration of marriage under. 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. The special marriage act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. In addition to the provisions for solemnization of special marriages, the act also provides for registration of. The format of the form is important as it contain all the details of bride and groom, their residential address, name initials, contact details and more. Website content managed by legislative department, ministry of law and.
Second marriage special marriage act is applicable. 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. 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. Grounds for divorce under special marriage act page 1. 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. During the time of introducing the provision for restitution of conjugal rights in the special marriage act, 1954 and the hindu marriage act, 1955, there were heated debates in the parliament for and against it. The hindu marriage act applies to hindus, whereas the special marriage act applies to all citizens of india irrespective of their religion. Solemnization of marriage under special marriage act, 1954. Marriages solemnized under special marriage act are.
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