Priyanga M
One of the alluring aspects of the Indian sub-continent is its multiformity. With various religions, cultures, castes, and languages, it emerges to be the crest of heterogeneity and hub of several festivities. Marriage is regarded as one of the most ancient and sacred occasions in a family. "Marriage is a sacred contract and marriage should bring happiness to the individuals who enter it," says Robert A. Harper. In the context of Indian marriages, the aspect of “sacredness” is included, but the concept of "happiness to the individuals" is disregarded most of the time. This unhappiness is because certain individuals are forbidden from marrying the person of their choice , as they belong to different castes or religions. Thus, to solemnize a marriage between individuals who belong to different castes or religions, the Special Marriage Act, 1954 was enacted.
Objectives of the Act:
To provide a special form of marriage in certain cases (inter-caste and inter-religious)
For registration of such marriages and
For divorce.
Conditions to Solemnize Special Marriages (Section 4)
At the time of marriage, both parties must be unmarried and not have any living spouse.
They must be capable of giving valid consent by themselves i.e., both parties must be sane.
Must not suffer from any mental disorder which is deemed to be unfit for marriage and procreation of children.
Male must have completed 21 years of age and female 18 years.
Parties must not be within the degrees of prohibited relationships (e.g., mother, father, father's widow, etc.,) mentioned in Part I &II of the First Schedule of the said Act.
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