What is special marriage act in India?

The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party. The Act originated from a piece of legislation proposed during the late 19th century.

What are the benefits of Special Marriage Act?

Key Points

  • The Special Marriage Act is a central legislation made to validate and register interreligious and inter-caste marriages in India.
  • It allows two individuals to solemnise their marriage through a civil contract.
  • No religious formalities are needed to be carried out under the Act.

What is the difference between Special Marriage Act and Hindu Marriage Act?

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.

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What is the section of Special Marriage Act?

An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.

Contents
Sections Particulars
20 Rights and disabilities not affected by Act
21 Succession to property of parties married under Act
21A Special provision in certain cases

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.

Who and how a person can marry under Special Marriage Act?

Conditions for Marriage

The bridegroom must be at least 21, and at the time of the marriage, the bride must be at least 18 years of age. … At the time of their marriage, both parties must be monogamous; i.e., they must be unmarried and at that time should not have any living spouse.

Can two Hindus marry in Special Marriage Act?

The Special Marriage Act, in S. 21-A clearly states that if a special or civil marriage takes place between two persons both of whom are Hindus, Buddhist, Sikh or Jain, such persons continue to be governed by other aspects of Hindu personal law, such as the law relating to succession.

Can we do nikah after special marriage?

Advocate Upasana Goel. if both the spouses were muslim at the time of marriage then a nikah has same legal standing as of marriage under the special marriage act 1954. non the less marriage under the special marriage act is legally valid hence this certificate of marriage is valid for the other purposes also.

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How do I apply for the Special Marriage Act?

Online procedure to apply for Marriage Certificate

  1. Visit the online official website of Karnataka government.
  2. Select the name of your district and continue.
  3. Fill in the bridegroom’s details and select “Registration of Marriage Certificate”.
  4. Fill in Marriage Certificate form and select date of appointment.

Who can claim maintenance under Special Marriage Act?

1. Hindu Adoptions & Maintenance Act. 1956. ∎ Section 18 (1) of the Hindu Adoptions and Maintenance Act, 1956 entitles a Hindu wife to claim maintenance from her husband during her life-time.

How many sections are there in Special Marriage Act?

(2) If it appears to the Marriage Officer that the objection made to an intended marriage is not reasonable and has not been made in good faith he may impose on the person objecting costs by way of compensation not exceeding one thousand rupees and award the whole or any part thereof, to the parties to the intended …

How many sections are there in the Special Marriage Act?

Sections

Sections Particulars
11 Declaration by parties and witnesses.
12 Place and form of solemnization.
13 Certificate of marriage.
14 New notice when marriage not solemnized within three months.

How many days after divorce can you remarry in India?

Let’s talk about what does law says in India for the remarriage after getting the divorce? Then, in the case of decree of divorce, both the parties have to wait at least for 90 days before tying knot with some other person or getting married again.

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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.

Can wife claim maintenance without divorce under section 125 of CRPC?

Maintenance can be claimed by the wife under Section 125, Cr. … Not separated by mutual consent-When both spouse mutually agrees to live separately and have not divorced then the wife cannot claim maintenance from her spouse since she had agreed to stay separately from him and he did not desert her.

What are the rules for court marriage in India?

Eligibility for court marriage

The bride should be at least 18 years of age and the groom should be of 21 years of age. The parties should not be of unsound mind. They should not be unable to give valid consent at the time of marriage. Both parties should not suffer from any kind of insanity or mental disorder.