Inconsistencies In Special Marriage Act, 1954

The parliament of India enacted the special marriage act, 1954 - is an Indian legislation to provide a special marriage form for its registration and for divorce valid for the Indian citizens and the people of all Indian nationals living in foreign countries, irrespective of faith or religion or followed by either party.

The Special Marriage Act 1872 (Act III of 1872) was inadequate and was replaced by the Special Marriage Act, 1954, which permits any dissenters to marry whomever they want. A marriage between two persons belonging to any region, religion or creed may fall under this act. At the time of marriage, male should be completed 21 years of age and female 18 years, provided that the parties are not in prohibited relationship.

Most of the couple who get married under this Act are those who face the opposition of their families. It may happen that those who object to the marriage intend to harass the couple and even force them to retract from the marriage. Hence, a few provisions are open invitations to harass the parties.

Provisions which are hurdles practically for getting married

• The parties have to file a notice of intended marriage in the specified form to the marriage registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.
• After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnized, unless it has been objected to by any person. However, in Safiya Sultana v. State of U.P. (Allahabad HC, 2021) the court held that publication of the section 6 notice is now optional, to be done only if the parties so request, so that it cannot be used to harass them; the wider notice and objection regime also remains under challenge before the Supreme Court.
• The marriage may be solemnized at the specified marriage office.
• Any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion shall be deemed to affect his severance from such family.
• In Marriage, the marriage officer needs to inquire into the objection and satisfy himself that it does not prevent the marriage solemnization. Either party to the intended marriage can appeal to the district court if the objection is upheld within 30 days, whose decision shall be final.

In many cases it is seen that marriage officer sends notices to the permanent addresses of the parties and makes verification done by the station house officer, which is not required as per the act.