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Special Marriage Act:
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Articles
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The main reason behind passing the Special Marriage Act was to provide a special form of marriage for
the people of India and all Indian nationals in the foreign countries irrespective of the religion or
faith followed by either party to the marriage. The parties may observe any ceremonies for the
solemnization of their marriage but certain formalities are prescribed before the marriage officer
can register the marriage. It is for the good of the Indian citizens abroad, the act provides for the
appointment of diplomatic and consular officers as marriage officers for solemnizing and registering
marriages between citizens of India in a foreign country. The Act is applicable throughout the country
except the state of Jammu and Kashmir.
- The act states that a marriage between two persons can be legalized, if the following conditions
are satisfied at the time of marriage.
- Neither of the two has a spouse living at the time of marriage.
- Neither of the two is incapable of giving a valid consent to the marriage due to unsoundness of
mind.
- Neither of the party has been suffering from mental disorder of such a kind or to such an extent
as to be unfit for marriages and the procreation of children.
- Neither party has been subject to recurrent attacks of epilepsy or insanity.
- At the time of marriage the groom should be of twenty-one years of age and the bride should be
of eighteen years of age.
- Both 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 degrees of prohibited relationship,
and
- Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens
of India domiciled in the territories to which this Act extends.
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