What is the difference between Special Marriage Act and Foreign Marriage Act?

What is the difference between Special Marriage Act and Foreign Marriage Act?

While the Special Marriage Act aims at making provisions for marriages happening within the territory of India, to legitimize marriages for those willing irrespective of religion, when not governed by the Hindu Marriage Act, and thus apply in inter-caste and inter-religion marriages, the Foreign Marriage Act applies to …

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.

What is the Hindu Marriage Act?

Hindu Marriage Act, 1955

Hindu Marriage Act, 1955
Citation Act No. 25 of 1955
Enacted by Parliament of India
Enacted 18 May 1955
Commenced 18 May 1955

When was the Special Marriage Act?

9th October, 1954
[9th October, 1954.] An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.

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Can a Hindu marriage be registered under 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.

What is the salient features of Hindu Marriage Act 1954?

No religious ceremonies are required, and the marriage is solemnized by a Marriage Officer appointed by the Government and the concerned parties to the marriage shall give notice to the Marriage Officer in the prescribed manner.

Can two Hindus marry in Special Marriage Act?

The Special Marriage Act, in S. 21-A clearly states that if a special or civil marriage takes place between two persons both of whom are Hindus, Buddhist, Sikh or Jain, such persons continue to be governed by other aspects of Hindu personal law, such as the law relating to succession.

What are the benefits of Special Marriage Act?

Key Points

  • The Special Marriage Act is a central legislation made to validate and register interreligious and inter-caste marriages in India.
  • It allows two individuals to solemnise their marriage through a civil contract.
  • No religious formalities are needed to be carried out under the Act.
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What are the features of Hindu Marriage Act?

At the time of marriage there is no subsisting valid marriage between any of the party. That is the provision of the act prohibits bigamy or polygamy and polyandry. These are treated as offence and are punishable under the Indian Penal Code.

What are the changes brought about by Hindu Marriage Act 1955?

The Hindu Marriage Act, 1955 has allowed sagotra and sapinda marriage. It has also allowed the cross-cousin marriage where it prevailed customarily. Inter-caste marriages are encouraged by social reformers and the legal system. Even inducements are given by the government for the practice of inter-caste marriage.

What are the characteristics of Special Marriage Act, 1954?

Special Marriage Act (SMA), 1954: The Special Marriage Act is a central legislation made to validate and register interreligious and inter-caste marriages in India. It allows two individuals to solemnise their marriage through a civil contract. No religious formalities are needed to be carried out under the Act.

What are the object and characteristics of Special Marriage Act, 1954?

The new enactment has three major objectives: 1- To provide a special form of marriage in certain cases. 2- To provide for the registration of certain marriages. 3- To provide for divorce.

What is the difference between Special Marriage and Hindu Marriage?

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. The Hindu Marriage Act by an Act of the Parliament of India enacted in 1955.

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What is the age of marriage under Hindu Marriage Act?

A valid marriage under the Hindu Marriage Act is liable to be registered. If a marriage is solemnized between two Hindus in which the male is 21 years old and the female is 18 years old, then though their marriage is legally valid still they cannot register their marriage under the Special Marriage Act, until the female attains the age of 21.

What is the difference between Special Marriage Act and HMA?

HMA is for both in matrimonial ties be Hindus. SMALL where both hails from different faiths and very very difficult to get separate. Special marriage act is meant to provide registration of certain non conventional marriages, like inter religion marriages, marriages between atheists etc and also cover divorce of these types of marriages.

What is the 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.