advertisement The Act originated from a piece of legislation proposed during the late 19th century. The Special Marriage Act 1954 wholly changes the situation in respect of prohibited degrees in marriage. Solemnization of Special Marriages 2. Daughters husband.17. INTRODUCTION : The Special Marriage Act, 1954 was passed in the year 1954 and came into force from 1st January,1955. Under the act, the provisions relating to notice, publication and objection have rendered it difficult for many people intending to solemnize inter-faith marriages. The SMA is a law which allows solemnization of marriages without going through any religious customs or rituals. Special Marriage Act: The SMA is a law which allows the solemnization of marriages without going through any religious customs or rituals. Conditions relating to solemnization of special marriages. The Special Marriage Act, 1954, was passed by Parliament, which requires the people of India to marry regardless of their religion for a special type of marriage. Be it enacted by Parliament in the Fifth Year of the Republic of India as follows: - Chapter I - Preliminary. Mother.2. UPSC CSE 2022 Exam Strategy for Beginners, APFC Recruitment: Job Profile and Promotions, ALC Recruitment 2021 Salary and Promotion, UPPSC PCS 2021-22 Final Result Top Rankers of Adda, RPSC RAS Mains Exam 2021- RPSC RAS Mains Exam Date 2021 Out, UPSC Daily Current Affairs Prelims Bits. The prohibited relationships under the Special Marriage Act, 1954 are as follows: 1. What is Special Marriage Act (SMA), 1954? The Supreme Court dismissed a writ petition challenging provisions of the Special Marriage Act requiring couples to give a notice declaring their intent to marry 30 days before their marriage. The Special Marriage Act, 1954 replaced the old Act III, 1872. The Special marriage act includes Hindus, Sikhs, Buddhists, Jains, Muslims, and Christian marriages. Short title, extent and commencement. There are no religious formalities that need to be carried out under the Act. Spot The Difference: Can you spot 7 differences in 21 seconds? The groom must be a minimum of 21 years old; the bride must be a minimum of 18 years old. Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation. Inter-religion marriages are performed under this Act. The subject of solemnization of special marriages, is provided for in Section 4 of the above enactment. What are the controversial provisions? Report of the Two Member Committee on Repeal of Obsolete Laws. 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A marriage between any two persons belonging to any religion or creed may be solemnized under this Act, if at the time of marriage both the parties (i.e. Sons widow.17. What is Special Marriage Act of 1954? It allows two individuals to solemnise their marriage through a civil contract. In many cases, there may be a threat to the lives of the applicants. InsightsIAS has redefined, revolutionised and simplified the way aspirants prepare for UPSC Civil Services Exam. Locate the certificate by using the online search or by calling our office. 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. Why the law needs a review? Respondent undergoing a sentence of imprisonment for seven years or more for n offence under IPC, 1860. Write in to us at. One of the conditions for an intended civil marriage to be solemnized under this Act is that "the parties are not within the degrees of prohibited relationship" [Section 4 (d)]. The law sought to legitimize those marriages where people renounce their profession of faith (I do not profess the Hindu, Christian, Islam, Jewish, etc. The Special Marriage Act, 1954: Long Title: An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. The marriages under the Special Marriage Act, 1954 are not governed by personal laws. Mothers brothers daughter. The Act . To provide for registration of certain marriages. Conditions for a valid marriage: Section 4. Sisters daughter.31. Both the parties that are involved should not have any other subsisting valid marriage. Special Marriage Act. The new enactment has three major objectives: To provide for the special form of marriage in certain cases; To provide for the registration of certain marriages; and To provide for Divorce. It contains 51 Sections divided into 8 Chapters. In a common way, we can say that the marriage is solemnized between man and woman before the court of law. The Special Marriage Act, 1954 extends to the whole of India except the State of Jammu and Kashmir, but also applies to the citizens of India domiciled in Jammu and Kashmir. In a marriage under the Special Marriage Act, 1954 allows people from two different religious backgrounds to come together in the bond of marriage. The Act is mostly preferred by interfaith couple who . No religious formalities are needed to be carried out under the Act. While introducing the Bill in the Lok Sabha the Hon'ble Mr. C.C. IN FOCUS Watch On YouTube, Monthly Editorial Quiz Consolidation (October 2022), Indias First Private Launch Vehicle - Article, Ethical Mode of Governance for India - Article, The SC Rejected the petition on the grounds that the petitioner was. Based on your understanding of the", Centre Constitutes 22nd Law Commission What is Law Commission of India? The Special Marriage Act of 1954 is applicable to all Hindus, Muslims, Sikhs, Christians, Jews, and Buddhists residing in India as well as Indian nationals living abroad. Son.16. The Act was passed to make it easier for interfaith couples to marry in a civil ceremony. The Special Marriage Act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. Section 4 lays down the conditions related to solemnization of special marriages, which requires a notice of the parties intending to get married, the procedure and conditions whereof are contained in . The Petition seeks striking down of provisions that follow in, The petition contends that these provisions, By making the personal details of the couple accessible to everyone, the very right of the couple to be the decision makers of their marriage is, Marriages in India can be registered under the respective personal laws, When a person solemnises marriage under this law, then the marriage is, Allows people from two different religious backgrounds, Being a secular Act, it plays a key role in. People from different castes or religions or states get married under SMA in which marriage is solemnized by way of registration. Required fields are marked *. Mains Practice Question (GS paper 4) - "What do you understand by probity in governance? Please enter your username or email address to reset your password. Sisters son.32. Any person can object to the marriage within 30 days of the publication of the notice on the ground that it contravenes one of the conditions for a valid marriage. INSTA 75-DAYS REVISION TESTS FOR MAINS 2022, InstaClasses / OGP 2023 Batch 1 (online & Offline Delhi) from 16th May 2022, InstaClasses / OGP 2023 Batch 2 (online & Offline Bengaluru) from 4th April 2022, InstaClasses/OGP(Offline&Online Guidance Program) 2023 (Bengaluru from 14th March 2022). Mothers sisters son.37. However, some practical problems arise in registering such marriages. If no objection is raised within the 30 day period, then marriage can be solemnized. SPECIAL MARRIAGE ACT, 1954-. 1. Get Journals daily newsletter on your inbox. Mothers brother.33. Daughters sons daughters husband.27. Be it enacted by Parliament in the Fifth Year of the Republic of India as follows: 1. Sons sons daughters husband.23. The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements. Marriage Officers. 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The bride should have attained the age of 18 years and the groom should be at least 21 years old. yogeshkumar Published On September 1st, 2022 Table of Contents Special Marriage Act, 1954- Relevance for UPSC Exam In News Special Marriage Act, 1954 Petition in Supreme Court Court's Verdict 1- The marriages performed under this Act are a civil contract and there's no need for any rites or ceremonies. Because of this, the petitioner submitted that these provisions violate the right to equality under Article 14 and the right to privacy under Article 21 (the Fundamental Rights) of the Constitution of India. Section 5 of the Act required a notice of intended marriage to be given by the parties to the Marriage Officer of the district where at least one of the parties resided for at least 30 days immediately preceding the date of such notice. 2. DOWNLOAD SPECIAL MARRIAGE ACT, 1954 PDF (184 KB) No religious formalities are needed to be carried out under the Act. The Special Marriage Act of 1954 was enacted with the object of enabling persons of different religious persuasions to enter into a valid marriage without giving up their respective religions. Above Village Hyper Market, Chandralyout Main Road, Even if marriage laws permits . Home Actsofparliamentfromtheyear The Special Marriage Act, 1954. . 7. The SMA prescribes an elaborate procedure to get the marriage registered. 2- To provide for the registration of certain marriages. The Special Marriage Act, 1954 is an Act of the Parliament of India enacted to provide a special form of marriage in certain cases, for the registration of such and certain other. Brother.30. An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Mothers fathers father.12. Source Wiki. Needless to say, a dedicated and right approach is required to clear this IAS Exam. Both the parties should be competent in regard to their mental capacity to give consent for the marriage. E-Saral Hindi Vakyakosh. 1. Fathers mothers mothers husband (step great grand-father).9. Fathers brother.34. When a person solemnises marriage under this law, then the marriage is not governed by personal laws but by the . Manual of Election Law. National Recruitment Agency (NRA): Salient Features, Advantages and Key Facts, For Free UPSC Study Material And Counselling From Experts:Click Here, Your email address will not be published. Fathers mothers husband (step grand-father).5. Sons daughters sons widow.27. The Special Marriage Act, 1954 is an Act of the Parliament of India which is enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, in certain cases, for the registration of such and certain other marriages and for divorce, irrespective of the religion or faith followed by either party. Daughters sons daughter.24. 2020 JournalsOfIndia - A free initiative by Manifest Team. Rank 171 Kumar Shivashish Rank 250 Sahithya Rank 263 Sumit Kumar Thakur Rank 311 Deepak Ramachandra Shet Rank 455 Ravinandan B M. Our vision is to orient the readers to grasp the facts objectively and analyse critically. Today its Indias top website and an institution when it comes to imparting quality content, guidance and teaching for IAS Exam. The conditions required to be followed for this special form of marriage is not very different from the requirements of other normal marriages, which happen within the caste. One of the parties to the marriage has to give notice of the intended marriage to the marriage officer of the district where at least one of the parties to the marriage has resided for at least 30 days immediately prior to the date on which such notice is given. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the SDM. This act is applicable in the whole of India except Jammu & Kashmir. Short title, extent and commencement (1) This Act may be called the Special Marriage Act, 1954. 4- The parties must not fall within the degree of prohibited relationship. The marriage is special because one need not convert or renounce the religion. Fathers fathers mother.14. Special Marriage Act, 1954 is an act created for registered marriages for Indian citizens residing both in India and outside India, irrespective of their religion, caste, etc The act was created as a piece of legislation proposed during the 19th century. This is the minimum age limit for a boy/girl to marry, respectively. Section 5 of the (Act) requires that a notice of intended marriage to be given by the parties to the marriage to the Marriage Officer of the district where at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given. Can You? Challenging the Special Marriage Act, 1954 September 01, 2022 Click here to watch video on this topic What is the issue? [5] Applicability Any person, irrespective of religion. 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 the Indian nationals living abroad, irrespective of their religion. Neither . Fathers father.4. religion) completely. Daughter.16. The petitioner questioned Section 5 and Section 6 of the Act. The Act was promulgated during the 19th century as a piece of legislation. Marital Status at the time of Marriage: Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is solemnized and registered irrespective of the religion, under the Special Marriage Act, 1954. Conditions. Special Marriage Act,1954 is an Act of the Parliament of India enacted to validate and register inter-religious and inter-caste marriages in India. Sons daughter.20. Why they should be struck down? 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. Your email address will not be published. Publicity in the local registration office may mean that family members objecting to the union may seek to stop it by coercion. Mothers husband (step-father).3. Daughters sons widow.19. By India Today Web Desk: In a marriage under the Special Marriage Act, 1954 allows people from two different religious backgrounds to come together in the bond of marriage.The Special Marriage Act, 1954 lays down the procedure for both solemnization and registration of marriage, where either of the husband or wife or both are not Hindus, Buddhists, Jains, or Sikhs. 1- The intended marriage must be monogamous for both the parties. The Special Marriage Act, 1954 hereafter referred to as the Act has 51 Sections housed in Eight Chapters and 5 Schedules. 1. Fathers widow (step-mother).3. Fathers mothers fathers widow (step great grand-mother).13. The Special Marriage Act, 1954 (SMA) was enacted to facilitate the marriage of couples professing different faiths, and preferring a civil wedding. The act is applicable to Indian citizens as well s citizens living abroad. Fathers fathers fathers widow (step great grand-mother).15. 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