Special-Marriage | Shree Sai Marriage Consultancy

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Special Marriage

The Special Marriage Act, deals with both solemnization and registration of marriage. Under the Special Marriage Act, 1954 certain conditions have been laid down under Sec. 4, which are substantially similar to those laid down under Sec. 5 of the Hindu Marriage Act, 1954.

As per this act, no religious ceremonies are prerequisite for a marriage to be complete.

The Act lays down following conditions for a marriage to be regarded as a lawful one, having legal standing, by the virtue of Sec. 4:

Neither party should have a spouse living at the time of the marriage[7].
The physical and mental capacity of the both the parties should be as per the section requires[8].
The age of the parties i.e. the male has completed the age of twenty one and the female has complete the age of eighteen[9].
The parties are not within the degree of prohibited relationship provided that custom governing one of the parties permits such a marriage between them[10].

A marriage in contravention of any of the above conditions will stand void under the Special Marriage Act, 1954. For the Hindus, Buddhists, Jains and Sikhs marrying within these four communities, the Special Marriage Act 1954 is an alternative to the Hindu Marriage Act 1955.

The Muslims marrying a Muslim have a choice between their uncodified personal law and the Special Marriage Act[11].

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Special Marriage

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