The Hindu Marriage Act applies to Hindus, whereas the Special Marriage Act applies to all citizens of India irrespective of their religion. The Hindu Marriage Act provides for registration of an already solemnized marriage and does not provide for solemnization of a marriage by a Marriage Registrar.
What is the purpose of Special Marriage Act?
The Special Marriage Act of 1954 is an act of the Parliament of India. The Act was enacted to facilitate the civil marriage of inter-faith couples. It provides the people of India and Indian nationals in foreign countries a special form of marriage, irrespective of the religion followed by either party.
What is condition for marriage under Special Marriage Act?
Conditions for marriage under the Act
Both the parties that are involved should not have any other subsisting valid marriage. That is, for both the parties the resulting marriage should be monogamous. The groom must be a minimum of 21 years old; the bride must be a minimum of 18 years old.
How do I get a divorce under a Special Marriage Act?
Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent. The conditions required under section 13B of the Hindu Marriage Act are as follows: (i) Husband and wife have been living separately for a period of one year or more.
What is the difference between special marriage and Form 16 marriage?
The Special Marriage Act, eliminates the need for mandatory religion-specific rituals like the “Saptapadi” for Hindus and “Kabool” or agreement among Muslims. … They need to fill Form 16, rather than Form 5 that is applicable to couples who plan to get married.
Can Jain marry Hindu?
Jains, Hindus, and Brahmin are allowed to get married as long as: The lifestyles of the two people are close enough. The family has no major objections.
Can a Hindu marry under Special Marriage Act?
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.
Who comes under special marriage?
Applicability. 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 are the documents required for Special Marriage Act?
Important documents to carry along
Application form duly signed by both husband and wife. Documentary evidence of the date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.
How can I legally do a love marriage?
Apply for the marriage and protection of yourself and your spouse through court and then make it register with tesildar( marriage officer ) . Obtain mattiage certificate. No parents required for it. Only two witnesess one from the girl side ither from the boy.
What is punishment for second marriage?
The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both.
When a marriage becomes void under the Special Marriage Act?
—Every person whose marriage is solemnized under this Act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code, 1860 (45 of 1860), for the offence of marrying again during the lifetime …
What are the grounds for divorce under Special Marriage Act?
The Special Marriage Act, 1954 as amended under the Marriage Laws (Amendment) Act, 1976 recognises the following eight fault grounds for divorce[xviii]: Adultery. Two years desertion. Respondent undergoing a sentence of imprisonment for seven years or more for n offence under IPC, 1860.
What are the disadvantages of court marriage?
Another disadvantage of court marriage is the thoroughness it demands from an applicant in filing all the documents. When filling the documents, one must provide personal information in all of the different forms. Another is with the affidavit, which is a written notarized testimony.
Can a marriage be registered anywhere in India?
As per the Hindu Marriage Act, 1955, following are the requirements for registration: One can apply for marriage at any sub-divisional magistrate’s office; the offline application method can be initiated from there itself; the registration can be done online as well.
Can court marriage be done anywhere in India?
One requires to give the notice of marriage to the office of the marriage registrar in whose jurisdiction the parties to the marriage have been residing for a minimum of 30 days. It is such that you can’t go anywhere else for completing the marriage process in India.