What is special marriage act? Procedure of separation/divorce in the case of special marriage act

The Special Marriage Act, 1954 is a law that provides for civil marriage registration and solemnization of marriage between two individuals of any religion or nationality. In this blog post, we will explain the Special Marriage Act in detail and its significance in India.

Introduction to the Special Marriage Act

The Special Marriage Act was 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 they follow. The Act allows any two individuals to get married without considering their caste, religion, or nationality. The Act applies to the entire Indian territory except the State of Jammu and Kashmir.

Eligibility for Marriage under the Special Marriage Act

The following eligibility criteria must be met to get married under the Special Marriage Act:

1. The age of the bridegroom should be at least 21 years, and the age of the bride should be at least 18 years.
2. Both parties should be capable of giving valid consent.
3. Both parties should not have a spouse living at the time of the marriage.
4. Both parties should not be within the degree of prohibited relationship.

Procedure for Marriage under the Special Marriage Act

The procedure for getting married under the Special Marriage Act involves the following steps:

1. The parties should give notice of their intention to marry to the Marriage Officer in the district where either of the parties has resided for a minimum of 30 days prior to the date of the notice.
2. The notice of intention to marry should be affixed to a conspicuous place in the office of the Marriage Officer for 30 days.
3. If no objection is received to the intended marriage within the 30-day notice period, the Marriage Officer will solemnize the marriage.
4. The marriage is solemnized in the presence of three witnesses, and a marriage certificate is issued to the parties.

Benefits of the Special Marriage Act

The Special Marriage Act provides numerous benefits to couples who want to get married, including:

1. The Act provides a legal framework for individuals who wish to marry irrespective of their religion, caste, or nationality.
2. The Act ensures that the marriage is registered, which is essential for legal and official purposes.
3. The Act provides equal rights to both the husband and wife in the marriage, such as property rights, inheritance rights, and other legal rights.
4. The Act allows for inter-caste and inter-religious marriages, which can promote social harmony and reduce discrimination.

The Special Marriage Act, 1954, provides for the registration and solemnization of marriages between two individuals of any religion or nationality. In this blog post, we will discuss the divorce proceedings in case of a marriage under the Special Marriage Act.

Grounds for Divorce

Under the Special Marriage Act, a petition for divorce can be filed by either party on the following grounds:

1. Adultery: If either party has committed adultery, the other party may file for divorce.
2. Cruelty: If either party has treated the other with cruelty, physical or mental, the other party may file for divorce.
3. Desertion: If either party has deserted the other for a continuous period of not less than two years, the other party may file for divorce.
4. Conversion: If either party has ceased to be a Hindu, Buddhist, Jain, Sikh, or Christian by conversion to another religion, the other party may file for divorce.
5. Mental Disorder: If either party has been suffering from a mental disorder of such a kind and to such an extent that the other party cannot reasonably be expected to live with them, the other party may file for divorce.
6. Venereal Disease: If either party has been suffering from a venereal disease in a communicable form, the other party may file for divorce.
7. Renunciation: If either party has renounced the world and entered a religious order, the other party may file for divorce.

Procedure for Divorce

The procedure for getting a divorce under the Special Marriage Act involves the following steps:

1. Filing of Petition: Either party may file a petition for divorce in the District Court where they last resided together, or the District Court where either party currently resides.
2. Service of Notice: The petition is served to the other party along with a notice asking them to appear in court on a specified date.
3. Written Statement: The other party must submit a written statement within 30 days of receiving the notice.
4. Counseling: If the court thinks that there is a possibility of reconciliation between the parties, it may refer the matter for counseling to a counselor appointed by the court.
5. Decree of Divorce: If the court is satisfied that the grounds for divorce are met, it may grant a decree of divorce.

Effects of Divorce

The following effects take place when a decree of divorce is granted under the Special Marriage Act:

1. The marriage is dissolved, and the parties are no longer husband and wife.
2. The parties are free to remarry.
3. The court may pass orders for maintenance of the wife and children, if any.
4. The court may also pass orders for the division of property between the parties.

Conclusion

The Special Marriage Act is a significant law in India that provides a legal framework for civil marriages between individuals of any religion or nationality. The Act promotes social harmony and provides equal rights to both parties in the marriage. It is an essential law for those who wish to get married without considering their caste, religion, or nationality.

This Act provides a legal framework for the registration and solemnization of marriages between individuals of any religion or nationality. It also provides for the dissolution of such marriages through divorce proceedings. The procedure for divorce under the Special Marriage Act is similar to that under the Hindu Marriage Act. If you are considering divorce under the Special Marriage Act, it is advisable to consult a family lawyer to understand the legal implications and the best course of action.