Interfaith or Inter-Caste Marriage? Know Your Rights Under the Special Marriage Act

The Special Marriage Act, 1954 provides for it to get married between any two people of different religions without converting. This is a secular law applicable to all Indian citizens, regardless of their religion.

Key points:

• They could marry without conversion to another religion.
• This allows inter-religious as well as inter-caste marriages.
• Notice before marriage is given to the Marriage Officer 30 days prior to the date of marriage.
• Marriage registered by and under the Act.
• Provides the rights such as inheritance, divorce, and maintenance.
• Both must be at least:
  • 18 (bride) years,
  • 21 (groom) years.
• Mentally fit and not married.
• This legislation has a clear purpose as a civil marriage law for couples who wish to marry but do not want any religious ceremonies or who belong to different faiths.

FAQs on special marriage:

1. What is really that Special Marriage Act?

It is the act which enables anybody, however inter-caste/inter-religion, to be married sans the requirement of conversion.

2. Who could get married under this law?

Every Indian citizen, Hindu, Muslim, Christian, Sikh, or even atheist.

3. Does it require conversion before marriage?

Not at all; the act is here for that, so no conversion is necessary.

4. What is the age limit regarding

Bride: 18 years
Groom: 21 years

5. Does the consent of the parents matter?

No. But both persons have to be adults.

6. Is it for inter-religious marriage only?

No, even couples of the same religion may choose this Act for a civil marriage.

7. What is the 30-day notice rule?

When you give written notice to the marriage registrar, your names will be displayed publicly for 30 days.

8. Why is the 30-day notice contentious?

Some fear it can lead to family or societal pressure or harassment, especially in interfaith marriages.

9. Can anybody object during the notice period?

Yes, but on legal grounds such as age, mental incapacity, or already being married.

10. Where do you apply for marriage?

In the Marriage Registrar's office of the area where either partner has resided for at least 30 days.

11. What documentation is required?

ID proof, address proof, age proof, photographs, and an affidavit of marital status.

12. Can NRI and foreign couples marry under this law?

Yes, but there are further formalities and verifications.

13. Is any religious ceremony needed?

No. This is purely a civil, legal marriage with no religious ceremony.

14. What rights do the couple get after marriage under this law?

Rights regarding inheritance, divorce, alimony, and property.

15. Can marriage occur under the Act between a Hindu and a Muslim?

Yes. It is for such interfaith unions in particular that this act has its intention.

16. Are same-sex couples allowed to marry under this act?

Not currently, as same-sex marriage is still not recognised under Indian law.

17. Can a special marriage be converted into a religious one thereafter?

Yes, but then you have to get registration under the personal law (like Hindu or Muslim marriage laws).

18. Is it possible to cancel a marriage after giving notice?

Yes, provided that cancellation is agreed upon by both parties before registration.

19. Is the marriage valid all over India?

Yes. This is a national law and established in the country.

20. What happens if somebody already married through this Act wants to remarry?

They should obtain a decree of divorce at the very beginning; otherwise, the second marriage would be invalid and punishable.