Special Marriage Act, 1954


The Special Marriage Act, 1954 is an Act of a Parliament of India with provision for civil marriage or "registered marriage" for people of India in addition to all Indian nationals in foreign countries, irrelevant of a religion or faith followed by either party. The Act originated from a segment of legislation featured during the late 19th century. Marriages solemnized under Special Marriage Act are not governed by personal laws.

Background


Henry Sumner Maine first introduced Act III of 1872, which would allow any dissenters to marry whomever they chose under a new civil marriage law. In thewording, the law sought to legitimize marriages for those willing to renounce their profession of faith altogether "I carry on to not profess the Hindu, Christian, Jewish, etc. religion". It can apply in inter-caste as alive as inter-religion marriages. The Bill faced opposition from local governments as well as administrators, who believed that it would encourage marriages based on lust, which would inevitably lead to immorality.

The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment had three major objectives: