Special marriage Act, 1954 - wikipedia Special marriage Act, 1954 The Special Marriage Act, 1954 An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Citation Act No. 43 of 1954 Enacted by Parliament of India Date assented to 9 October 1954 Date commenced 1 January 1955 Status : In force The Special Marriage Act, 1954 is an Act of the Parliament of India enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. The Act originated from a piece of legislation proposed during the late 19th century. In 1872 Act III, 1872 was enacted but later it was found inadequate for certain desired reforms, and Parliament enacted a new legislation. Henry Sumner Maine first introduced Act III of 1872, which would permit any dissenters to marry whomever they chose under a new civil marriage law. In the final wording, the law sought to legitimize marriages for those willing to renounce their profession of faith altogether ( `` I do not profess the Hindu, Christian, Jewish, etc. religion '' ). It can apply in inter-caste and inter-religion marriages. Overall, the response from local governments and administrators was that they were unanimously opposed to Maine 's Bill and believed the legislation encouraged marriages based on lust, which would inevitably lead to immorality. The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment has 3 major objectives : To provide a special form of marriage in certain cases, to provide for registration of certain marriages and, to provide for divorce. Contents 1 Applicability 2 Conditions for marriage 3 Succession to the property 4 See also 5 References 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. This Act is applicable to the entire territory of India ( excluding the state of Jammu and Kashmir ) and extends to intending spouses who are both Indian nationals living abroad. Indian national living abroad. The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given. After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnised, unless it has been objected to by any person. The marriage may be solemnised at the specified Marriage Office. Marriage is not binding on the parties unless each party states `` I, ( A ), take thee ( B ), to be my lawful wife ( or husband ), '' in the presence of the Marriage Officer and three witnesses. Conditions for marriage Each party involved should have no other subsisting valid marriage. In other words, the resulting marriage should be monogamous for both parties. The groom must be at least 21 years old ; the bride must be at least 18 years old. The parties should be competent in regards to their mental capacity to the extent that they are able to give valid consent for the marriage. The parties should not fall within the degree of prohibited relationship. Succession to the property Succession to the property of person married under this Act or customary marriage registered under this Act and that of their children, are governed by Indian Succession Act. However, if the parties to the marriage are Hindu, Buddhist, Sikh or Jain religion, the succession to their property will be governed by Hindu succession Act. See also Dowry law in India References Jump up ^ `` Special Marriage Act ( iloveindia.com ) ''. Archived from the original on 2010 - 09 - 24. Jump up ^ http://blog.ipleaders.in/10-things-every-indian-should-know-about-the-special-marriage-act1954/ Jump up ^ Perveez Mody, `` Love and the Law : Love - Marriage in Delhi, '' Modern Asian Studies 36 : 1 ( 2002 ) : 223 - 256 Jump up ^ `` Divorce, under the Special Marriage Act, 1954 ( valkilno1.com ) ''. Archived from the original on 2010 - 09 - 24. ^ Jump up to : `` Registered Marriage Under Special Marriage Act, 1954 ( tax4india.com ) ''. Archived from the original on 2010 - 09 - 24. Jump up ^ `` Place And Form Of Solemnisation, Registered Marriage ( tax4india.com ) ''. Archived from the original on 2010 - 09 - 24. ^ Jump up to : `` The Special Marriage Act, 1954 ( delhiadvocate.tripod.com ) ''. Archived from the original on 2010 - 09 - 24. Jump up ^ `` Necessary conditions for a registered marriage ( tax4india.com ) ''. Archived from the original on 2010 - 09 - 24. Jump up ^ https://www.webcitation.org/5syrXS5dK Section 21 of the Act Jump up ^ http://indiankanoon.org/doc/552306/ Bombay High court judgment reported by Indian Kanoon Jump up ^ https://www.webcitation.org/5syrXS5dK Section 21 A of the Act Indian legislation Constitution of India ( amendments ) Indian Penal Code Code of Criminal Procedure, 1973 Acts of the Parliament Ordinance In Force Consumer Real Estate ( Regulation and Development ) Act, 2016 Consumer Protection Act, 1986 Essential Commodities Act Essential Services Maintenance Act Corruption Benami Transactions ( Prohibition ) Act, 1988 Black Money ( Undisclosed Foreign Income and Assets ) and Imposition of Tax Act, 2015 Prevention of Corruption Act, 1988 The Lokpal and Lokayuktas Act, 2013 Mines and Minerals ( Development and Regulation ) Act, 1957 Prevention of Money Laundering Act, 2002 Whistle Blowers Protection Act, 2011 Criminal Armed Forces ( Special Powers ) Act Armed Forces Tribunal Act, 2007 Arms Act, 1959 Army Act, 1950 Criminal Law ( Amendment ) Act, 2013 Cigarettes and Other Tobacco Products Act Indian Evidence Act Juvenile Justice ( Care and Protection of Children ) Act, 2015 National Security Act ( India ) Protection of Women from Domestic Violence Act, 2005 Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities ) Act, 1989 Education Indian Institutes of Management Act, 2017 Institutes of Technology Act, 1961 National Institutes of Technology Act, 2007 Right of Children to Free and Compulsory Education Act, 2009 University Grants Commission Act, 1956 Environment Air ( Prevention and Control of Pollution ) Act Biological Diversity Act, 2002 CAMPA bill Environment Protection Act, 1986 Indian Forest Act, 1927 National Green Tribunal Act Prevention of Cruelty to Animals Act Protection of Plant Varieties and Farmers ' Rights Act, 2001 Wildlife Protection Act, 1972 Financial Aadhaar ( Targeted Delivery of Financial and other Subsidies, benefits and services ) Act, 2016 Banking Regulation Act, 1949 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act Depositories Act The Electricity Act, 2003 Expenditure Tax Act, 1987 Finance Act ( India ) Fiscal Responsibility and Budget Management Act, 2003 Foreign Contribution ( Regulation ) Act, 2010 Foreign Exchange Management Act Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Government Securities Act, 2006 Indian Contract Act, 1872 Indian Stamp Act, 1899 Insolvency and Bankruptcy Code, 2016 Insurance Act, 1938 Negotiable Instruments Act, 1881 Securities Laws ( Amendment ) Act, 2014 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 The Competition Act, 2002 The High Denomination Bank Notes ( Demonetisation ) Act, 1978 The Income - 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Question: law related to inter caste marriage in india
Answer: Act III of 1872