Test: Special Marriage Act,1954 - CLAT PG MCQ

A significant drawback of the Special Marriage Act is the requirement of a 30-day notice period before marriage, which can expose couples to harassment or pressure from their families or communities.

The Special Marriage Act allows for inter-religious and inter-caste marriages without necessitating the religious conversion of either party, promoting inclusivity among all Indian citizens.

Restoration of conjugal rights allows an aggrieved party to petition the court to restore the marital relationship if one spouse has unjustly withdrawn from cohabitation, emphasizing the importance of maintaining the marriage bond.

Section 23 of the Special Marriage Act provides the provisions for either party to file a petition for judicial separation based on various grounds such as cruelty, desertion, or other specified reasons.

Section 26 clarifies that children born to couples married under the Special Marriage Act are considered legitimate and retain certain rights, even if the marriage is later annulled. This provision aims to protect the rights of children.

The Special Marriage Act was enacted in 1954 as a significant legal framework to facilitate inter-caste and inter-religious marriages in India. This act aimed to provide a secular alternative to traditional marriage laws that were often based on religious practices.

Nullity of marriage refers to situations where a marriage is considered void from the outset due to specific impediments such as lack of consent, age, or existing marriages. This means it has no legal effect.

A Marriage Certificate is issued after the marriage is solemnized under the Special Marriage Act, which serves as legal proof of the marriage and is essential for various legal purposes.

A minimum notice period of 30 days is required under the Special Marriage Act before the marriage can be solemnized. This notice period allows for any potential objections to be raised by the public.

The Special Marriage Act states that anyone who marries again while still being married can be penalized under Sections 494 and 495 of the Indian Penal Code, which address bigamy and its consequences.

A marriage can be annulled if one party was coerced into the marriage, as this undermines the fundamental requirement of free and informed consent necessary for a valid marriage.

The primary purpose of the Special Marriage Act is to provide a legal framework that enables individuals to marry outside their caste or religion, thereby promoting personal choice and secularism in marriage.

If a legitimate objection is raised during the notice period, the Marriage Officer must investigate the objection before allowing the marriage to proceed. This ensures that all concerns are addressed properly.

Both parties must provide a written notice to the Marriage Officer in the district where at least one party has lived for 30 days before the marriage can be solemnized under the Special Marriage Act.

Section 4 outlines the basic requirements for a valid marriage under the Special Marriage Act, including prohibitions against polygamy, requirements for mental competence, legal age, and the necessity of valid consent.

The Special Marriage Act allows for the court to order permanent alimony and maintenance for the wife, ensuring financial support is available even after marriage dissolution, reflecting the commitment to women's rights.

The Special Marriage Act does not require a religious ceremony for marriage. Instead, it allows for marriages to be conducted through court procedures, focusing on legal recognition rather than traditional rituals.

One of the key benefits of the Special Marriage Act is that it allows for divorce based on mutual consent, thus providing a legal path for couples who can no longer live together to dissolve their marriage amicably.

The Special Marriage Act is inclusive and applies to all Indian citizens regardless of their religion, facilitating marriages across different faiths and castes.

The Special Marriage Act stipulates that the male must be at least 21 years old and the female at least 18 years old at the time of marriage application, ensuring both parties are of legal age.