History of Special Marriage Act 1954
First enacted in Maine in 1872, the Henry Sumner Act III of 1872 gave dissenters the freedom to wed anyone they chose under the recently passed civil marriage law. When the law was enacted, it was intended to offer legal validity to unions for individuals willing to renounce their religious views entirely. This also applies to unions of individuals from various classes and religions. Because they believed that the Bill would encourage lust-based partnerships, ultimately leading to debauchery, local politicians and officials rejected the Bill.
The Special Marriage Act of 1954 superseded Act III of 1872. The new law had three main objectives: it allowed for divorce, registered some weddings, and provided a special kind of marriage under certain conditions.
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