What happens in Special Marriage Act?

A marriage under the Special Marriage Act, 1954 allows people from two different religious backgrounds to come together in the bond of marriage. According to this Act, the couples have to serve a notice with the relevant documents to the Marriage Officer 30 days before the intended date of the marriage.

Can Muslims marry under Special Marriage Act?

Any person, irrespective of religion. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954. Inter-religion marriages are performed under this Act.

What happens if I marry without divorce in India?

No, it is illegal. Under Section 494 of the Indian Penal Code, if a person marries a second time, without a divorce, while their spouse is alive, the marriage is considered bigamy, which is a punishable offense. They can file a complaint under Section 415 that provides conditions on ‘cheating’.

What if marriage is not registered in India?

Non-registration of marriage does not nullify marriage. If the couple have lived together with intention and purpose and meaning of marriage then they are considered as married couple. It may be mutual divorce or any of the party of the couple can file divorce petition before the court.

What is section 13 of Special Marriage Act?

(1) When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three …

Can a woman marry again without divorce in India?

No. You cannot get married without getting a divorce order from the court. It is an offence under the Indian penal code to get married while one has got a spouse living.

What happens when marriage is not registered?

The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal. Since you are married for all legal and practical purposes you can dissolve the marriage only through a decree of divorce passed by the competent court.

What is the Special Marriage Act of India?

India is a diverse country and things like this that happens here, is a thing of pity. Thus, the Special Marriage Act is a special legislation that was enacted to provide for a special form of marriage, by registration where the parties to the marriage are not required to renounce his/her religion.

Can a foreigner marry an Indian citizen?

A marriage between an Indian citizen and a Foreigner is governed by, The Special Marriage Act (1954). The act allows marrying Indians from different religions or Indians and foreigners to get married.

When did Indian Supreme Court make it necessary to enrol all marriages?

In 2006, India’s Supreme Court made it necessary to enrol all relational unions. A marriage can be registered in India either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954.

What are the basic requirements for a valid marriage in India?

As Indians believe in marriages with proper rituals, customs, and ceremonies involving pomp and show & extravagant celebrations, the Special Marriage Act does not require any of them. The basic requirement for a valid marriage under this Act is the consent of both the parties to the marriage.