We know about the degree of influence that religion and caste have in our nation. And, with regards to marriage, it is viewed as the most critical criteria for a legitimately solemnized marriage. Inter-caste and inter-religion marriages are still thought to be a taboo in numerous spots in our nation. India follows an exceptionally rigid structure of the caste system. In this way there came a grave requirement for a law to defend the interests of those individuals who rose above these caste and religious partitions, to marry for love. So the Parliament sanctioned the Special Marriage Act, 1954 which accommodates an exceptional type of marriage for the general population of India and every single Indian national in foreign nations, regardless of the caste and religion they follow.
Presently it is essential that each Indian knows the fundamental things about the Special Marriage Act.
The Scope of the Act
The Special Marriage Act Manages Both Inter-Caste and Inter-Religion marriages.
A marriage between individuals from two different castes is known as inter-caste marriage. Long gone are those days when individuals blindly married wherever their family asked them to. Presently, the youngsters have their own particular saying and decision and they lean toward getting hitched to somebody who has a better compatibility with them as opposed to marrying somebody who is from their caste or their religion. It is them who need to live with their partner for the whole life and hence caste or religion is not at all important at this point. Love is an excellent feeling and it ought not to be evaluated with something as insignificant as religion or caste. Every religion is equivalent and marriage between them ought not to be a huge deal. Religion and caste is conferred to us without asking our choice, then why is that the individuals of lower castes seen with disgrace and despise? India is a diverse nation and things like this that occurs here, is a matter of shame. Therefore, the Special Marriage Act is a special enactment that was authorized to accommodate a special type of marriage, by enrollment where the parties to the marriage are not required to revoke his/her religion.
Application of the Act
This is the most critical information for each Indian to know as it is through this that they can avail them. This Act deals with the marriages among Christians, Hindus, Sikhs, Muslims, Buddhists, and Jains. This law applies to each Indian state, with the exception of the state of Jammu and Kashmir. This Act is applicable to all the Indian natives from various religions and caste and also applicable to the Indians living in a foreign country.
The conditions needed to be followed for this special type of marriage isn’t altogether different from the necessities of other ordinary marriages, which occur within the caste. Below are the conditions to be qualified for marriage under Special Marriage Act:
The groom must be no less than 21 and the bride must be no less than 18 years old at the time of marriage. This is the minimum age limit for a boy or girl to get married, respectively.
- Both the parties have to be monogamous at the time of their marriage; i.e. they should be unmarried and must not have any living spouse at the time of marriage.
- The parties must be mentally healthy at the time of marriage to be able to make a decision for them.
- They must not be related to themselves through blood; i.e. they must not come under forbidden relationships, which will otherwise act as a basis to dissolve their marriage.