In the Indian subcontinent, marriage is considered a sacred institution. It is an integral part of our culture. However much society has progressed, people in India still believe in arranged marriages. In India, a marriage can be solemnized and legalized only after the court marriage. However, this court marriage in India is based on the Special Marriage Act of 1954.
The Special Marriage Act of 1954 was crafted to prevent some ill social treatments that were meted out to people back then, especially those who married according to their choices. Under this Special Marriage Act, rules and regulations are formulated for all the people of India, along with the Indian nationals in foreign countries, irrespective of the caste and creed to which they belong.
Before you hire the services of the best court marriage lawyer in Delhi, all Indians need to know the fundamental aspects of the Special Marriage Act. Here it goes:
Scope of the act
As the name suggests, the Special Marriage Act deals with people interested in marrying people of a different caste or are having an inter-religion marriage. Gone are the days when boys and girls were asked to marry according to their parent’s choice. Now, they are taking the time to choose their partners and opting to spend the rest of their lives with them. People are looking at life beyond the barriers of caste and religion. The Special Marriage Act has been legislated where none of the parties are asked to renounce their religion or caste after marriage.
Application of the act
This is one of the most critical aspects that every Indian should know before getting into the court marriage procedure. The Special Marriage Act covers marriages among Muslims, Hindus, Buddhists, Sikhs, Jains, and Christians. Also, except for Jammu and Kashmir, this act applies to all parts of India. Further, this act applies to Indian citizens, and it extends to those Indians who live abroad.
Unlike a proper Indian big fat wedding, the Special Marriage Act does not ask you to perform many rituals. The primary point of validity on which the Special Marriage Act is based is the consent acquired from both parties for the marriage. The Special Marriage Act asks if both parties are willing to marry each other.
For this, the parties need to file a notice which expresses the intention of both the bride and the groom to marry each other. This notice has to be filed with the Marriage Registrar. Besides, the marriage registry office of such a district has to be chosen where either the bride or the groom has resided for 30 days. After the expiry of these 30 days, the marriage is said to be solemnized.
The conditions put forward by the Special Marriage Act have all to be fulfilled by the bride and the groom. The minimum marriageable age of the bride should be 18 years, while that of the groom should be 21 years. Both of them have to be monogamous during their marriage. Further, the parties should be mentally in a stable position to decide for themselves. Also, they should not possess any blood relationship.
Changes with the emergency of Special Marriage Act in India
When the country saw that more inter-caste and inter-religion marriages were taking place, the Special Marriage Act was established. These inter-caste marriages propagate equality. Also, the respect of people for other castes gets increased.
The legitimacy of the children
The children born out of a marriage are considered void if the child was born during or after the commencement of the marriage laws. Later, if the couple decides to get divorced, the court will decide the legitimacy of the child.
Application on the succession rights
Every Indian should know the succession of property of the person to whom they are married. This is because the property will eventually be handed down to the children under the Indian Succession Act.
Therefore, now that you know what happens in the Special Marriage Act, it will not be a problem for you to get married to someone who doesn’t belong to your caste. Under the Special Marriage Act, it is considered legal to marry someone who does not belong to your religion or caste.