Are Inter-Religion Marriages Allowed In India ?

In India, marriages amongst people belonging to different castes or religion is generally not received well. In addition, for a  marriage to be recognised legally, some  customs or ceremonies  specific  for certain castes  or religion are required to be observed.

Thus, in order to ensure the rights of such couples who have decided to marry outside of their religion, the Special Marriage Act, 1954 was introduced. The Act of 1954 provides for a  special kind of marriage for the citizens of India as well as the Indian nationals living abroad, in spite of the caste or religion they belong to.

In here we will discuss about the legal positions of marriages solemnised through the Special Marriage Act, 1954 as well as the registration procedure for inter-religious  marriages. 

What Is The Benefit Of The Special Marriage Act ?

• The Special Marriage Act was established to help facilitate such inter-religious marriages where neither party to the marriage would have to renounce its religion in order to marry. Parties could still have their marriages registered while following their own religion.
• This law shall be applied for marriages amongst the Hindus, Muslims, Christians, Sikhs, Jains, and Buddhists, and shall be applied to every Indian, in spite of the fact that they are living in India or overseas.
• As per the Act, a separate process for marriage has been provided for marriages, i.e. a certain procedure must be followed by the couple who wish to get married in spite of their different religion. 

What Is The Rule Of Special Marriage Act ?

Following stages would have to be followed fro registering and getting married under the Act of 1954-

• A written application must be submitted to the district marriage registrar where either of the parties has been residing for a period of not less than 30 days.
• A 30 days notice would be given by the marriage officiant to raise any objection against such marriage application for reasons listed under the Act.
• When no such objections, as mentioned above, are raised, the marriage officer would enter the necessary details of the intended union in the marriage notice book. The marriage could be solemnised after the 30 days notice period is over.
• It is important that the couple and the three witnesses must be present to  acknowledge the entry of all necessary in formation in the Marriage Notice Book by the marriage officer.
• If an objection is raised.
• In case an objection regarding the age, consent capacity of the party, incest etc. has been raised, the marriage officer would have investigate the validity of such objection, which if found to be valid, such application for marriage would be cancelled. 
• In case the marriage application has been cancelled, the couple have the option of challenging such decision in the respective district court within a period of 30 days of such cancellation.

It is important to understand that for numerous steps of the court marriage, numerous procedural steps are required to be completed. It would be easier if one seeks legal consultation for various documents to be submitted as well as different procedures which must be followed at various stages. Sharks of law offers offers you required assistance every step of the way. 

What Is The Matrimonial Relief Under the Special Marriage Act, 1954

With the implementation of the Special Marriage Act, 1954, significant benefits could be enjoyed by the couples marrying under this Act, which includes-

• The respective spouses would not have to alter their caste or religion in order to marry.
• As the caste and religion have not been changed, rights to the ancestral property will also remain unchanged. Succession of property is managed under the personal laws, these laws are based on the respective teachings of the various religions. Thus, even after marrying under the Act, the rights of inheritance and succession would remain valid.
• The property which is obtained by the married couple shall be devolved in the favour of their offspring under the Indian Succession Act, 1925, which is a secular law.
• Due to the conditions applied under the Act, the minimum age required being 18 years for girls and 21 for boys, the Act helps inhibiting child marriage
• As per the provisions of the Act, polygamy shall be discouraged.
• The Act protects the rights of a woman to seek refuge and support.
• The Act of 1954, unlike the Marriage Act of 1872 passed earlier, has provided the option of divorce for the parties including the provision for mutual consent to divorce. The marriages solemnised under the Act, shall be registered with the government, legalised in the respective court of law, thus allowing for marriages under unusual situations.
• While determining the amount of maintenance to be paid, the courts would take into account the income of the wife.

Conclusion

In conclusion, it must be understood, that only a marriage officer could officiate a marriage which shall be registered under the Special Marriage Act of 1954. An application would have to be provided by the couple to apply for court marriage, the notice for which would then be posted on the notice board by the Marriage officer for the next 30 days. As has been mentioned earlier, the  marriage shall be recorded officially in case no objection has been raised during such time. 

In case you are planning to have your marriage registered without any hiccups, it is advised that you seek legal consultation from the Sharks of Law, as we could help you with having your marriage solemnised and registered through the Court.

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993