Question

What is the basic of objective behind framing the special marriage act?

Answer 1

In 1872, Henry Sumner Maine initiated Act III which grants any dissenters to choose their partner in accordance with the new law dealing with civil marriage. But the Act failed due to opposition from the Government and administrators and hence a new legislation was passed making certain adequate reforms. The Special Marriage Act was passed in 1954 by the Indian Parliament as an extension of the British law. The fundamental purpose of the Act was to provide special type of marriage, registration of marriage and divorce in certain cases stated in the legislation. The Act received the assent of the President on October 9, 1954 and came into force on January 1, 1955.

The Act stipulates various clauses which provides for solemnization of marriage between two persons. The Act states that at the time of marriage, neither of the spouse shall have another living partner; male shall attain the age of 21 years and female shall attain the age of 18 years; the parties shall not be in a relationship prohibited by law. Some other grounds for not approving marriage under the Act are unsoundness of mind, mental instability, insanity, epilepsy etc. For solemnizing a marriage under the Act the parties shall furnish a notice to the Marriage Officer in the manner specified in the Second Schedule to the Act.