It has become commonplace in today’s transnational and globalised world to meet people from other cultural backgrounds and nations, which may occasionally lead to such bonds where we desire to spend our lives together by entering into a social union.
The Special Marriage Act, 1954 is one such Act of the Indian Parliament that allows the solemnization of a marriage between individuals from different countries and cultures, regardless of religion or faith followed by either party, that could not be solemnised under the respective Marriage Acts of various religions.
Court weddings in India have enabled anyone, regardless of country, to formalise their marriage proceedings. The Special Marriage Act oversees the judicial marriage process as well as the paperwork necessary for the marriage.
Foreigners/NRIs, on the other hand, are not permitted to marry in the state of Jammu and Kashmir.
In addition, a marriage between an Indian and an NRI can be cancelled by a foreign court and accepted by an Indian court.
The Requisite Conditions to Consider before the Marriage:
There are three main requirements for two people to proceed with the marriage registration process. Section 4 of the Special Marriage Act establishes certain prerequisites, which are as follows:
Neither of the parties (individuals wishing to marry one another) is allowed to have a live spouse (i.e. the individuals should either be unmarried, divorced or widowed).
The parties’ consent is legitimate (i.e., the persons have sound minds) and the parties are psychologically capable of entering into a marriage.
The man must be at least twenty-one years old, while the female must be at least eighteen years old.
Procedure for the Marriage:
The parties must provide notice to the Marriage Officer of the district in which at least one of the parties has lived for at least thirty days.
The notice must be in the form stipulated in the second schedule of the Special Marriage Act.
The marriage officer will publish the notice by affixing it to a location in his office and will maintain the original copy of the notification in the Marriage Notice Book.
If a person has an objection to the marriage, he or she has 30 days from the date of publication of notice by the marriage registrar to lodge the objection.
During the court marriage, the parties and three witnesses must sign a declaration confirming that the marriage is being performed with their free agreement.
The marriage can be performed at any reasonable location within the Marriage Officer’s area. However, it will not be regarded genuine until each party states to the other in the presence of the Marriage Officer and the three witnesses and in any language known by the parties,-“I, (A), accept the (B), to be my lawful wife (or husband)”.
Following the marriage, the Marriage Officer will put a certificate in a book called the Marriage Certificate Book that he keeps, and the certificate will be signed by the parties to the marriage and the three witnesses. In India, the certificate is considered solid evidence of a legitimate marriage.