In progresive society, defferent caste, religion and nationalities civil marriages are common, and Indian Law provides the legal frame work, procedure and requirement to the individuals.

Our team of experienced lawyers and legal professionals specialize in a wide range of practice areas, including civil marriages/special marriage, family law, adoption, marriage, divorce, maintenance, succession and more. We prioritize personalized attention and representation for our clients, ensuring their best interests are always at the forefront.

The Special Marriage Act, 1954 is a law in India that allows for civil marriages between individuals of different religions, castes, or nationalities.

The Law applies to all citizens of India, regardless of their religion, and provides for a civil contract of marriage.

It provides a legal framework for such marriages and governs the registration and dissolution of such marriages.

The Law lays down certain requirements for individuals who wish to get married under its provisions. These include:

  1. Age: Both parties should be of sound mind and of marriageable age. For men, the minimum age is 21 years, while for women, it is 18 years.
  2. Residence: At least one of the parties must have resided in the district where the marriage is being solemnized for a period of not less than 30 days immediately preceding the date of the notice.
  3. Consent: Both parties should freely and willingly consent to the marriage.
  4. Prohibited relationships: The parties should not be within the degrees of prohibited relationship as per the Hindu Marriage Act, 1955 or Special Marriage Act, 1954.

The procedure laid down under the Special Marriage Law:

  1. Eligibility: The bride and groom must be at least 21 years old and must not be within the degrees of prohibited relationship.
  2. Notice of Marriage: A notice of intention to marry must be given to the Marriage Officer of the district in which at least one of the parties has resided for a period of not less than 30 days prior to the date of the notice.
  3. Publication of Notice: The notice of marriage is then published by the Marriage Officer in the prescribed manner, and a copy of the notice is affixed to the notice board of the Marriage Officer’s office.
  4. Objections: Any person may object to the marriage by filing an objection in writing with the Marriage Officer within 30 days of the publication of the notice.
  5. Marriage Registration: If no objections are received, the marriage may be solemnized at the Marriage Officer’s office within 30 days of the expiration of the notice period. The marriage must be solemnized in the presence of three witnesses, and the Marriage Officer must register the marriage.
  6. Certificate of Marriage: A certificate of marriage is issued by the Marriage Officer, and this certificate is conclusive evidence of the marriage.

The Special Marriage Law provides for a forum for the registration and dissolution of marriages solemnized under its provisions.

The Marriage Officer of the district where the marriage was solemnized is responsible for registering the marriage and issuing a certificate of marriage to the parties.

In case of dissolution of marriage, the parties can file a petition for divorce in the district court where either party resides. The grounds for divorce are similar to those under the Hindu Marriage Act, 1955.

Under the Law, parties to the marriage are entitled to certain protections, including:

  1. Right to choose spouse: The Act allows individuals to marry without regard to their religion or caste, and therefore, protects their right to choose their spouse.
  2. Equal rights: The Act provides for equal rights to both spouses in terms of property, inheritance, and other legal matters.
  3. Protection against forced marriage: The Act also provides protection against forced marriage, as both parties must give their free and informed consent to the marriage.
  4. Right to dissolution: The Act also provides for the right to dissolution of marriage through divorce or annulment, subject to certain conditions.

Protection Under Law to Bride & Groom.

Under the Law in India, special married couples are legally protected from social atrocities, discrimination, and harassment based on their marriage.

As per special marriage law any person who solemnizes, facilitates or participates in the solemnization of a marriage under the Act shall not impose any condition, restriction, or penalty on the couple or their family members based on their marriage. Furthermore, any person who causes any injury, harm or threat to the couple or their family members due to their marriage shall be punishable under the law.

The special married couples may also seek protection and redressal of grievances through the judicial system by approaching the courts for legal remedies such as restraining orders, protection orders, and criminal charges against those who commit acts of violence or discrimination against them.

The special married couples in India are entitled to legal protection and support against social atrocities and discrimination based on their marriage under the Special Marriage Law and other relevant laws.