SPECIAL MARRAIGE ACT

Subject : Polity

Context : The Delhi High Court (HC) on Thursday issued notice to the Union government on a petition seeking a direction to recognise same-sex unions under the Hindu Marriage Act (HMA) and the Special Marriage Act (SMA).

Concept :

Special Marriage Act, 1954

• 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.
• Marriages solemnized under Special Marriage Act are not governed by personal laws.

Major objectives:

• to provide a special form of marriage in certain cases,
• to provide for registration of certain marriages and,
• to provide for divorce.

Applicability

• Any person, irrespective of religion.
• Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954.
• Inter-religion marriages are performed under this Act.
• This Act is applicable to the entire territory of India and extends to intending spouses who are both Indian nationals living abroad.
• Indian national living abroad.