Marriage is a new chapter in the lives of a couple. While many celebrate their union in a grand and lavish manner surrounded by their friends and family, others opt for an intimate wedding. But irrespective of the traditional wedding ceremony, by law, couples are required to register their marriage for it to be legally valid. Recently, actress Swara Bhasker tied the knot with the love of her life, political activist and Samajwadi party Fahad Ahmad. The actress is all set to get married in a traditional ceremony in March but the couple has already registered their marriage under the Special Marriage Act and has become husband and wife by law.
Soon after sharing pictures and videos to inform her fans and followers about her marriage, Swara Bhasker shared another tweet to hail the Special Marriage Act that allows interfaith couples to get married without any hassle. But at the same time, the actress did not shy away from highlighting the notice period which happens to be a downside that has been a hot topic of debate for a long time now. In a world where love jihad is a thing and has been criminalised, how can interfaith couples tie the knot without and legal issues? How does the Special Marriage Act help? Read on to know all about this act that allows couples to get married without converting.
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What Is The Special Marriage Act?
The Special Marriage Act, 1954 is an act of the Parliament of India which has provisions for civil marriage for Indian citizens. Under this act, an interfaith couple can go for a registered marriage that does not require any traditional ceremonies as per any particular religion. This also means that neither parties have to convert to the other person’s religion and the marriage is considered to be a civil union and a civil contract while giving the couple’s union the legal recognition of marriage.
Who Can Get Married Under The Special Marriage Act?
– Both, the bride and the groom have to be legal adults i.e., the bride must be at least 18 years old and the groom must be at least 21 years old at the time of the marriage.
– Both of them must be unmarried. In case, either of the parties was married in the past, they must obtain a divorce in order to marry again. In case of the death of the spouse, they must have documentation to prove the same.
– The bride and the groom must be mentally fit to give consent to the marriage before the marriage officer.
– Both of them must be Indian citizens and at least one of them should be a permanent resident of India in order to obtain a marriage certificate under the Special Marriage Act, 1954.
– The relationship of the couple should not fall under the degree of prohibited relationships as per the personal law i.e., the Hindu Marriage Act, the Muslim Marriage Act and the Indian Christian Marriage Act. This means that they should not be related by half-blood or uterine-blood or full-blood. They should be related by illegitimate blood relationship or by legitimate blood relationship or by adoption.
It is essential to note that while Hindu personal laws prohibit marriage between second cousins, Muslim personal laws allows marriage between cousins from both paternal and maternal side. And as per the Special Marriage Act, marriage under prohibited relations can be permitted if the customs of either party allows for it.
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Another thing to note is that while this act is meant for interfaith couples, any person irrespective of their religion can get married under this act. Furthermore, the Special Marriage Act not only applies to the entire territory of India but also extends to Indian citizens living abroad.
What Is The Notice Period?
In her tweet, Swara Bhasker referred to a notice period under the Special Marriage Act. Let’s take a moment to understand that. For the purpose of marriage registration under the Special Marriage Act, the couple has to file for their marriage by filling out the prescribed form along with a notice of intended marriage and submitting a written copy of the same to the marriage officer. After this, the Marriage Officer raises a 30 days notice period to call for objection (if any) from the public to the intended marriage. If there are no objections, the couple can proceed with the paperwork and get married after a 30-day waiting period.
Over the years, objections have been raised against the law requiring couples to issue a public notice and wait for 30 days. More so because interfaith couples who elope come under the radar due to this notice period. In PILs filed to remove this requirement, it has been claimed that this rule is also a violation of the fundamental right that allows people the right to privacy as this requires their personal information be made public including their intention of marrying someone.
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What Is The Registration Procedure To Marry Under The Special Marriage Act?
For the purpose of marrying under the Special Marriage Act, the couple has to first fill out the form and submit the same along with relevant documents as listed below. The form has to be submitted to the Marriage Registrar of the district where either one of them is residing or has resided for a minimum of 30 days or more. Both parties have to be present before the Marriage Registrar and sign the form. After the 30-day notice period, if no objections are raised, the couple can take a date from the Marriage Registrar’s office and get married by signing off on the paperwork once again. Apart from this, the couple requires 3 witnesses to be present before the Marriage Officer at the time of their marriage registration. The second date after the waiting period will be considered as the date of marriage registration after which the couple will be recognised at husband and wife before the law.
List Of Documents Required
– Address Proof like ration card, Aadhar card, and passport of both parties
– Two Passport-size photographs
– Proof of age like a birth certificate or matriculation certificate
– Affidavit from both parties mentioning their residential address, date of birth, marital status, nationality and age.
– Affirmation that they do not come under the prohibited degree of marriage.
– Receipt of payment made for the marriage certificate.
– Attested copy of divorce order (in case one or both parties are divorced) and attested copy of death certificate in case the spouse of either of both parties is dead.
In a time and age when love jihad laws separate interfaith couples, the Special Marriage Act allows them to get married and stay protected from prosecution under the love jihad laws as this act permits marriage between a couple of two different faiths, unlike the personal laws that require one party to change their religion.