The Special Marriage Act, 1954

Rubi Talukdar, Maithili Chaudhury

doi:10.17762/pae.v57i9.393

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Published: Jan 26, 2021

DOI: https://doi.org/10.17762/pae.v57i9.393

Rubi Talukdar, Maithili Chaudhury

Abstract

This research paper talks about the Special Marriage Act, 1954 and the provisions that it holds. The Special Marriage Act is the legislation that grants validity to marriages that do not find their place in religion specific marriage legislations. The Act grants registration to the marriages between two consenting parties who belong to different religions or cast. In India, inter caste or inter religion marriages are not normative and are considered a taboo. People go as far as committing Honour killings in order to prevent such marriages. The aim of the Act is to protect the people from such acts and to provide legal validity to their marriage. The Act also consists of provisions with respect to the other marriage related aspects such as restitution of conjugal rights and divorce. The Act also lays down eligibility criteria for a valid marriage under the Act such as consent between the parties getting marries and the relationship between them not falling within the prohibited degree of relationship.

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Vol. 57 No. 9 (2020): Volume 57 No. 9 (2020)

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