• UGI USER
  • May 31, 2024
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HIGH COURT DENIES PROTECTION FOR INTERFAITH COUPLE’S SPECIAL MARRIAGE ACT WEDDING

Why in the news?

  • Madhya Pradesh High Court denied protection to an interfaith couple wishing to marry under the Special Marriage Act.
  • The court stated that according to Muslim law, a marriage between a Muslim man and a Hindu woman is not considered valid, even if registered under the Special Marriage Act. It would be considered an irregular marriage.
  • The judge emphasized that while the Special Marriage Act allows marriages without specific rituals, it does not legalize marriages prohibited by personal laws.
source:slideshare

About The Special Marriage Act (SMA)1954 :

  • The Special Marriage Act (SMA) was enacted in 1954 by Parliament.
  • It facilitates civil marriages sanctioned by the state, not religion.
  • Personal law governs issues like marriage, divorce, and adoption under religious codes.
  • Laws like the Muslim Marriage Act (1954) and Hindu Marriage Act (1955) require conversion before marriage.
  • SMA allows interfaith or inter-caste marriages without religious conversion.
  • Both civil and religious marriages are recognized in India.
  • SMA preserves individuals’ religious identity in interfaith marriages.
What is the Notice period under the Special Marriage Act (SMA)?

  • Notice period under the Special Marriage Act (SMA) is 30 days.
  • Parties’ notice copy is kept in the Marriage Notice Book.
  • Marriage officers publish notices in the office for objections.
  • Objections must be raised within 30 days.
  • Section 4 specifies grounds for objection.
  • Marriage cannot proceed until objections are resolved.

What is The Hindu Marriage Act, 1955?

  • The Hindu Marriage Act, 1955, ensures marriage rights for Hindus.
  • It applies to Hindus, Jains, Sikhs, and Buddhists.
  • Not applicable to Muslims, Christians, Parsis, or Jews.
  • Governs Hindu marriages conducted under any ceremony.

Associated Article:

https://universalinstitutions.com/special-marriage-act-1954/#:~:text=The%20Special%20Marriage%20Act%20of,religious%20laws%20that%20are%20codified.