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Polity & Governance
Mahesh

01/09/22 22:44 PM IST

Special Marriage Act, 1954

In News 
  • The Supreme Court has dismissed a writ petition challenging provisions of the Special Marriage Act (SMA), 1954 requiring couples to give a notice declaring their intent to marry 30 days before their marriage.
Special marriage Act 
  • All marriages in India can be registered under the respective personal law Hindu Marriage Act, 1955, Muslim Marriage Act, 1954, or under the Special Marriage Act, 1954.
  • It is the duty of the judiciary to ensure that the rights of both the husband and wife are protected.
  • The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.
  • A marriage under the Special Marriage Act, 1954 allows people from two different religious backgrounds to come together in the bond of marriage.
  • The Act lays down the procedure for both solemnization and registration of marriage, where either of the husband or wife or both are not Hindus, Buddhists, Jains, or Sikhs.
Provisions that have been challenged 
  • Section 5 of the SMA: It requires couples getting married under it to give notice to the Marriage Officer 30 days before the date of marriage.
  • Section 6: It requires notice to be entered into the Marriage Notice Book maintained by the Marriage Officer, which can be inspected by “any person desirous of inspecting the same.
  • Section 7: It provides the process for making an objection such as if either party has a living spouse, is incapable of giving consent due to “unsoundness of mind” or is suffering from a mental disorder resulting in the person being unfit for marriage or procreation.
  • Section 8:It Specifies the inquiry procedure to be followed after an objection has been submitted.
What Supreme Court said?
  • The Supreme Court has dismissed a writ petition challenging the Constitutional validity of certain provisions of the SMA.
  • The petition was dismissed on the grounds that the petitioner was no longer an aggrieved party.
  • Also, another writ petition in Nandini Praveen vs Union of India & Others filed on similar grounds was admitted by the Supreme Court in 2020
  • In this case, court is waiting for the reply of Government.
Source- The Hindu 

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