Marriage Procedures in India for Special Marriage
Marriage between a Hindu (boy/girl) and a Muslim (girl/boy) is governed under the Hindu law, Muslim Law and the Special Marriage Act, 1954. The Personal laws have bearing on issues relating to maintenance, divorce, succession, adoption etc.
The Special Marriage Act, 1954 provides for a special form of marriage in certain cases such as between people of different faith and for the registration of such and other marriages and also for divorce available to all citizens of India married under the Act.
A Hindu (boy/girl) and a Muslim (girl/boy) could get married under this Act and can also have a wedding performed according to their own religious rites, for their own satisfaction and no conversions are required.
Under Special Marriage Act, 1954
A marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely:–
- Neither party has a spouse living
- The parties should not be of unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
- The male has completed the age of 21 years and female the age of eighteen years.
- The parties are not within the degrees of prohibited relationship.
- Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship.
- Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizen of India domiciled in the territories to which this Act extends.