Special Marriage Act vs Hindu Marriage Act- India is a cultural country and is well-known for its diverse cultures. Around 6 main religions are surviving under the name of one country. India as a country respects every individual religion and it states in its constitution that India is a secular country. It believes in secularism and does not promote any single religion. In every religion marriage is the most important ritual as it describes the purity of the religion and the process of marriage is different in every religion according to their customs and rituals.
With the passing years of development, Indians are growing and want to get married in other religions also but traditionally you are allowed to marry in your religion only. Intercaste marriages and inter-religion marriages are now spreading all over the country which is why the Indian government forms the law differently as per the need of the hour. The Hindu Marriage Act was formed for the people who want to marry under Hindu customs and traditions. Special marriage acts as the name suggests came into force for special marriages i.e. inter-caste marriages, inter-religion marriages, etc. In this blog, we will discuss these two laws comprehensively and find out the points about the Special Marriage Act vs the Hindu Marriage Act.
Hindu Marriage Act
The Hindu Marriage Act was formed in 1955 by the Indian government. It includes many religions like Hindus, Sikhs, Buddhists, and Jains. As the name suggests Hindu Marriage Act, everyone thinks that this marriage act is only for the Hindus but this applies to 4 religions because these other three religions i.e. Sikhs, Buddhists, and Jains were the Hindus and converted themselves to other newly formed religions. It brings uniformity in the country’s laws as at present 80% population belongs to the Hindu religion.
Key Features Of Hindu Marriage Act,1955
The Hindu Marriage Act is a very famous act among Indians as 80% of the Indian population belongs to the Hindu religion and this act brings uniformity to the laws. It promotes the culture of the Hindu religion as well as of the other three religions that are associated with this law. Various features of the Hindu Marriage Act of 1955 are discussed below:
- Apply to 4 religions: This law applies to Hindus, Sikhs, Buddhists, and Jains. This law does not include Muslims, Christians, Parsis, or Jews. But it covers the maximum population of India.
- Registration: It provides the registration of the marriage with the concerned authority. You have to take two witnesses along with you to the registration office along with proofs.
- Monogamy: The Hindu Marriage Act promotes and supports monogamy only. Polygamy and bigamy are illegal under the Hindu Marriage Act.
- Judicial separation: The Hindu Marriage Act supports divorce but if there are some chances to save the marriage then the court will give you some time where you are not separated legally.
- Alimony: This Hindu Marriage Act allows you to get maintenance and alimony at the time of divorce and judicial separation.
- Adultery: Adultery is one of the divorce grounds under the Hindu Marriage Act.
- Age: The required age for marriage under this act is 21 for the boys and 18 for the girls.
Special Marriage Act
The Special Marriage Act was formed in 1954 for individuals who wish to marry of their own choice in different religions. This law is formed especially for inter-caste and inter-religious marriages in which you are free to marry anyone as per your choice. Your marriage will register under this Special Marriage Act. this act is secular and does not follow or support any specific religion. This law can be avail by the Hindus also but one partner needs to be from another religion or caste.
Key Features of the Special Marriage Act,1954
Several features and points of the Special Marriage Act are designed specifically for every individual who wants to marry in another religion or caste. This law applies to everyone who wants to marry outside of their religion. The features of the Special Marriage Act are discussed below:
- Secular in nature: This Special Marriage Act is secular as this is not based on any religious norms. This allows everyone to marry in any other caste, religion, etc.
- Registration: You will get a marriage certificate after the registration of your marriage as this law needs to register your marriage.
- Consent: This Special Marriage Act needs the consent of both parties clearly as forced marriages can be done for conversion of religion.
- Divorce: This act supports divorces and judicial separation and writes all the details about it in the act.
- Notice of marriage: A 30-day prior notice is required for marriages under this act so that any objection can be raised before marriage.
- Age: The required age for marriage under this act is 21 for the boys and 18 for the girls.
Role Of Gupta Document Center
Gupta Document Center is a documentation center that provides assistance in every legal matter and helps you manage your documents for any legal proceedings. If you are having any trouble with your marriage registration, divorce, etc. you can always contact the Gupta Document Center for assistance. They are readily available to help you with any documentation and legal matters. They are efficient in providing legal services and experts in maintaining various documents as per the requirements.
Conclusion
Both marriage acts are good at their places. If you are Hindu and marrying a Hindu then you should follow the rules written under the Hindu Marriage Act and your marriage will be registered under the same law if you wish to marry in another caste or religion or do not believe in any religion then Special Marriage Act will be the right choice for you. Gupta Document Center will assist you in your marriage registration and all the legal formalities you can easily contact them by these details:
Email: guptadocumentcentre183@gmail.com
Phone: +91-7888700485
Address: SCO-173,174 Level-1, Sector-17, Chandigarh
Operating Hours: Monday to Friday, 9 a.m. to 6 p.m.