Distinction from Personal Laws
The Hindu Marriage Act of 1955 and the Muslim Marriage Act of 1954 are two examples of personal laws that require one spouse to convert to the other’s faith before getting married.
Nonetheless, the SMA allows marriages between people of various castes or religions without forcing them to change to a new faith or renounce their religious identity. This can result in the individuals being cut off from their inheritance. A person is deemed to be cut off from their family if they get married, losing their inheritance rights as well. However, SMA protects the rights to inheritance.
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