MARRIAGE LAW: A CRITICAL STUDY OF THE SPECIAL MARRIAGE ACT, 1954

Abstract

The Special Marriage Act, 1954 is a unique regulation that was passed by Parliament in 1954 that allows Indians to get married regardless of their caste or religion. This Act also applies to Indian nationals living abroad, in addition to Indians. The Act addresses the legalization of non-conventional unions, their registration, the implications of such unions, the restoration of conjugal rights, judicial separation, and the nullity of both marriage and divorce. The Act enables the legalization and registration of India's unique type of marriage. The Act safeguards the interests of the married couple, their offspring, and prevents bigamy and underage weddings by mandatory registration. One common form of proof of marriage has been the Certificate of registration under the Act. This paper highlights the various provisions of the Act. And it also attempts to critically analyse the scope, application, jurisdiction and consequences of the Act. Further, the paper examines the role of Indian judiciary response towards the Act.