What is special marriage act?
The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage (or “registered marriage”) for people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party.
When can a person re marry after passing of decree of divorce?
Justice Anil Kilor last week held that Section 15 of the Hindu Marriage Act, 1955, allows remarriage only after the dismissal of appeal against a decree of divorce, but since no consequences for contravention of the provision are provided in the Act, a remarriage during pendency of appeal cannot be termed void.
What are the grounds for a void marriage?
Following are the grounds which shall render a marriage void:
- Bigamy: The first condition for valid Hindu marriage is that none of the parties to the marriage shall have a spouse living it the time of their marriage.
- Persons falling within degrees of prohibited relationships:
- Sapinda relations:
Which marriages are null void?
The male has not completed the age of 21 years and the female the age of 18 years; The parties are within the degrees of prohibited relationship. Additionally, a marriage can be considered null and void if the respondent was impotent at the time of the marriage and at the time of the institution of the suit.
What is the purpose of Special Marriage Act?
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. The Act originated from a piece of legislation proposed during the late 19th century.
What are the documents required for Special Marriage Act?
Important documents to carry along Application form duly signed by both husband and wife. Documentary evidence of the date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.
Can a person remarry during divorce?
But, in case of mutual consent divorce, there is no such limitation for remarrying after the divorce as it has a very genuine reason that the divorce has been already granted on the grounds of the agreement of both the parties, so in such case the question for appeal later doesn’t arise.
Can a wife of void marriage is entitled to maintenance?
The learned Magistrate has tried to distinguish between a void marriage and a voidable marriage and according to him, in case of only void marriage Under Section 11, the wife is not entitled to get maintenance while in case of voidable marriage, she is entitled to get the same even after the marriage is declared as …
What is section 11 in marriage Act?
11. Declaration by parties and witnesses. —Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.
Can divorce be annulled?
Divorce: A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. Annulment: A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid.
How many years do you have to be separated to be legally divorced in India?
The only requirement for divorce by mutual consent is that the parties should have been living separately for a period of one year or more. Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent where the parties have been separated for a period of one year.
What is section 11 of the Marriage Act?
11. Declaration by parties and witnesses.—Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.
What was the purpose of Special Marriage Act of 1954?
The Special Marriage Act, 1954 Long Title: An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.
How does a person get married under the Special Marriage Act?
For marriage under this Act, the parties must file with the district’s Marriage Registrar a notice stating their intention to marry each other in which at least one of the parties to the marriage has lived for at least 30 days prior to the date on which such notice is filed.
Which is the Special Marriage Act of India?
(1)This Act may be called the Special Marriage Act, 1954. (2)It extends to the whole of India except the State of Jammu and Kashmir, and applies also to citizens of India domiciled in the territories to which this Act extends who are 1[in the State of Jammu and Kashmir].