The Special Marriage Act 1954

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The Special Marriage Act 1954

The Allahabad High Court has made it optional under the Special Marriage Act for future parties to issue a notice 30 days before the wedding.

What is the Special Marriage Act – 1954?

  • Under this Act, there can be a marriage between two persons of any religion or sect. The Special Marriage Act – 1954 specifically provides provisions for marriage and divorce.
  • Being a secular act, it plays an important role in freeing people from the traditional requirements of marriage.
  • It is the right of a person married under the Act to marry outside the orders of his religion and community.
  • There is no religious ritual under this marriage, but registration of marriage is mandatory in it, so that future and their children do not have any kind of problem.
  • People who get married under this act, even if they later get married according to their religious rules, this act applies to them.

Section 4 of this Act:

  • According to this, neither of the two sides should have a spouse.
  • Both parties should be able to give their consent, i.e they should be adults and be able to make their own decisions.
  • There should not be a prohibited relationship between the two parties under the law.
  • With this, the age of a man should be at least 21 years and that of a woman should be at least 18 years.

Sections 5 and 6 of this act:

  • Under these sections, it is mandatory for the parties desirous of marrying that they or any one of them who gives their marriage notice to the concerned marriage officer of the area where they have been residing for the last thirty days. After this, the marriage officer publishes the notice of marriage in his office.
  • If anyone has any objection to this marriage, then he can file a notice against it within the next 30 days.
  • If the objection is found correct, the marriage officer may refuse to grant permission for the marriage.

Basis of judgment:

In the Aadhaar case (the year 2017), the Supreme Court considered the right to privacy as a fundamental right under Article 21 of the Constitution of India.

Source : Indian Express

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