An act to consolidate and amend the law relating to the solemnization in india of the marriages of christians. Asianlii databases burma code special marriage act 1872. An act to provide a special form of marriage in certain cases, for the. What is the impact of the special marriages act 1872. The indian christian marriage act of 1872 is an act of the parliament of india regulating the. The officer so appointed shall be called registrar of marriages under act iii of 1872, and is hereinafter referred to as the registrar. The matter of marriages solemnized in this act shall, if they marry under this act, be deemed to be focus to the law to which their fathers were subject as to the exclusion of marriages by reason of consanguinity and kinship, and the provisos to section 2 of this act shall affect to them. Whereas it is expedient to consolidate and amend the law relating to the solemnization in india of the marriages of persons. The royal marriages act 1772 was an act of the parliament of great britain which prescribed the conditions under which members of the british royal family could contract a valid marriage, in order to guard against marriages that could diminish the status of the royal house. Marriage and its registration under special marriage act. However under the sma, it seems there no special qualification for leprosy any type of leprosy will be a ground for divorce or judicial separation. In 1772, norths ministry put the royal marriages act through parliament, despite a great deal of opposition, especially from charles james fox. The special marriage act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. Solemnization of marriage under special marriage act, 1954.
Marriages under special marriage act not governed by. Words underlined with a solid line indicate insertions in existing enactments. There are changes that may be brought into force at a future date. Words in bold type square brackets indicate omission from existing enactments. Under the special marriage act, any woman of any religion can marry or remarry without. Since the passing of the hindu marriage act, various suggestions for amending the same as well as the special marriage act, 1954, were received from some members of parliament and the general public. The act originated from a piece of legislation proposed during the late 19th century. Bill to amend the marriage act, 1961 so as to insert certain definitions. The provisions of canon law concerning marriage are recognised as the personal law of catholics in india except in the state of goa. Nothing in this act applies to any marriage performed by any minister, consult, or consular agent between subjects of the state which he represents and according to the laws of such state. The indian christian marriage act was enacted on 18th july, 1872. Under section 8 of the hindu marriage act 1954, there exists a provision for registration of marriages. Conditions upon which marriages under act may be celebrated 3.
Page 1 of 18 28 february 1964 26 march 1968 this version applied as from 28 february 1964 to 26 march 1968, i. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special. Roman catholic church regarded marriage as one of the sacraments. Act extends to whole of india except the territories which were incorporated before 1st november, 1956 that are cochin, manipur, and jammu and kashmir. The marriage solemnized under this act of any member of an undivided family who professes the hindu, buddhist, sikh or jain religion shall be deemed to effect his severance from such family. In india christian marriages are governed by the indian christian marriage act of 1872. The indian christian marriage act 1872 indian bare acts. This format is applicable for all continue reading download marriage registration form for.
Indian divorce act 1869, the parsi marriage and divorce act 1936, the dissolution of muslim marriages act 1939, the special marriage act 1954, and the hindu marriage act 1955. Before the enactment of indian christian marriage act, 1872 the law relating to solemnization in india of marriage of persons professing the christian religion was guided by two british acts, 14 and 15 vict. Buy the special marriage act 1954 by panel of experts pdf online from faculty notes. The format of the form is important as it contain all the details of bride and groom, their residential address, name initials, contact details and more. I hereby give you notice that a marriage under act iii of 1872 is intended to be had, within three calendar months from the date hereof, between me and the other party herein named and described that is to say. Iii of 1872 22 nd march, 1872 an act to provide a form of marriage in certain cases. The special marriage act, 1872 3 of 1872, and any law corresponding to the special marriage act, 1872 3 of 1872, in force in any part b state immediately before the commencement of this act are hereby repealed. The indian christian marriage act, 1872 lawyers law. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals in foreign countries, irrespective of the religion or faith followed by either party. A marriage registration form is a document that is essential to register marriage under hindu marriage act or special marriage act across india.
Canada the civil marriage act passed in canada explicitly permitting samesex marriages. The portion of territory for which any such officer is appointed shall be deemed his district. This act may be called the indian contract act, 1872. Marriage act chapter 150 revised edition 2012 1962 published by the national council for law reporting with the authority of the attorneygeneral. The difference between the present act and the hindu marriage act arises primarily due to the fact that the hindu act requires the person affected with leprosy to be both a incurable and b virulent. Under the act a marriage must be in a common marriage shape. Marriage act 1949 is up to date with all changes known to be in force on or before 17 april 2020. Marriage act 1961 1 an act relating to marriage part ipreliminary 1 short title see note 1 this act may be cited as the marriage act 1961.
The provisions of this act shall be in addition to and not in derogation of the provisions of the special marriage act, 1954 43 of 1954, the indian christian marriage act, 1872 15 of 1872, the parsi marriage and divorce act, 1936 3 of 1936 and the foreign marriage act, 1969 33 of 1969. The special marriage act, 1872 3 of 1872, and any law corresponding to the special marriage act, 1872 3 of 1872, in force in any part b state immediately before. Australia the marriage act 1961, australias law that governs legal marriage. Indian personal laws are strongly applied even in the case of marital discord outside india. The legal consequences of a marriage contemplated in the marriage act apply, with such changes as may be required by the context, to a civil union. An act to provide for the administration of the law relating to matrimonial causes and matters, and to amend to law relating to marriages, in ireland. The entomb religious or bury shared relational unions are conceivable in india just under the special marriage a ct, 1954. The special marriage act, 1954 replaced the old act iii, 1872. In its discussion of the divorce provisions of the various statutes it considered, the supreme court failed to stress the very important provision. The special marriage act, 1954 was passed in the year 1954 and came into force from 1st january,1955. The special marriage act, 1954, i term it as sma aims to provide for a special form of marriage, its registration and for divorce. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely 20. This updated and expanded edition gives a fresh informative ed.
The special marriage act 1872 josh and mak international. Notice to be filed and copy entered in the marriage notice book 6. Media in category marriage act 1836 the following 4 files are in this category, out of 4 total. Special marriage act 1872 governs the marriages of persons who are not professing buddhists, christians, hindus, muslims, parsis, sikhs or jains and also those persons who profess the hindu, buddhist, sikh or jain religion where such persons wish to marry out of their community into one of the remaining three communities. Marriages solemnized under special marriage act are not. Marriages may be celebrated under this act between persons. No law or custom as to consanguinity shall prevent them from marrying, unless a relationship can be traced between the parties through some. One of the parties to intended marriage to give notice to registrar 4.
The right of veto vested in the sovereign by this act provoked severe adverse criticism at the time of its passage. Solemnization of marriage under special marriage act, 1954 the special marriage act was enacted to provide a special form of marriage by any person in india and all indian nationals in foreign countries irrespective of the religion either party to the marriage may profess. Chapter iv consequences of marriage under this act 19. Marriage, as is seen in christian tradition, is not merely a civil contract nor is it purely a religious contract. This act may be cited for all purposes as the matrimonial causes and marriage law. Special marriage act 1954 complete act citation 4199. Transmission of certified copies of entries in marriage certificate book to the registrar general of births, deaths and marriages. The dissolution of muslim marriagesact, 1939 an act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women married under muslim law and to remove doubts as to the effect of the renunciation of islam by a. Under the special marriage act, 1954 any two peoples can play out a marriage. Signature of notice by person unable to write or to understand english. Preamblewhereas it is expedient to define and amend certain parts of the law relating to contracts. One of the parties to intended marriage to give notice to registrar 5. Whereas it is expedient to provide a form of marriage for persons who do not profess the christian, jewish, hindu, muslim, parsi, buddhist, sikh or jaina.
The king desired this piece of legislation to be passed after two of his brothers, william duke of gloucester and henry duke of cumberland, married commoners. The parties in this case got married under the special marriage act in august 1998 and had a nikah ceremony four months later. The indian christian marriage act 1872 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the indian christian marriage act 1872 national security, others, procedural and administration, property related, public utilities. Christian marriage christian law of marriage in india. When the marriage has been solemnized, the registrar shall enter a certificate thereof in a book to be kept by him for that purpose and to be called the marriage certificate book under act iii of 1872, in the form given in the third schedule to this act, and such certificate shall be signed by the parties to the marriage and the three witnesses. Penalty on married person marrying again under act. For such special license, the registrar of the diocese may charge such additional fee as said. Understand what you are getting into l blindly getting into a marriage may cost you both financially and emotionally l it is very important to know about current laws related to indian marriages.
Matrimonial causes and marriage law ireland amendment. One of the parties to intend marriage to give notice to registrar 5. Haryana compulsory registration of marriages act 2008. Download free sample and get upto 75% off on mrprental. Matrimonial relief under the special marriage act, 1954. Indian christian marriage act 18721 united nations. Christian personal law or family law regulates adoption, divorce, guardianship, marriage and succession.