Difference Between Hindu Marriage Act and Special Marriage Act

INTRODUCTION

Relationships are a significant part of everyone’s life. In That Marriage Plays a Vital Role.

In India The Hindu Marriage Act and the Special Marriage Act are two important Acts that register marriage. It isn’t just a capacity in which two people get together, yet it is once in a blue moon chance to choose with someone we will stay with the entire life.

In India, a marriage can either be register under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954.

The Hindu Marriage Act is pertinent to Hindus, whereas the Special Marriage Act is appropriate to all residents of India regardless of their religion applicable at Court marriage.

HINDU MARRIAGE ACT,1955

• Hindu marriages refer to kanyadan, meaning gifting a girl to the boy by the father with all traditions and customs
• Hindu marriage act is an act of parliament of India enacted in 1955, The main purpose of the act was to amend and to codify the laws relating to marriages among Hindus.
• The Hindu Marriage Act is applicable just to the hindus of india.
• Section 2 of the Hindu marriage act states that Anyone

1. 1. who is Hindu by birth
   2. Anyone who is Buddhist, Jain, or Sikh
   3. anyone who is not Muslim, Christan, jew, and Parsi

Will comes under the Hindu.

• The conditions laid down under section 5 of the Act are as follows:

1. 1. There should not be any living spouse to either party at the time of marriage
   2. None of the parties should indispose for giving their consent due to unsoundness of mind.
   3. Inspite of the capability to give the consent of marriage, neither parties suffer from mental disorder to an extent as to be unfit for marriage and unfit to beer children,
   4. None of the parties has been subjected to repeated attacks of insanity5.
   5. Both the parties should meet the legal age which is 21, for men and 18, for women
   6. None of the parties should within the degree of prohibited relationship unless the custom or usage governing each of them permits for a marriage between the two.
   7. The parties are not sapindas of each other unless the custom or usage governing each of them permits for a marriage between the two, Here sapindas is a term used the in context of cousin marriages in Hinduism.

• The Hindu Marriage Act gives an open door to enlistment of solemnised marriage. It implies the residents can get hitched first, and later, they can enlist the marriage. within a time span. However, HMA doesn’t accommodate the solemnisation of a wedding by the marriage registrar.
• Under the Hindu Marriage Act, all the marriages should be solemnised through the practices and customs, particularly with the Saptapadi.
• Under the Hindu Marriage Act , the registration of marriage is optional or desirable. It means it is not mandatory to register the marriage under the,HMA as most of the Hindu marriages in India carried out without registration.

SPECIAL MARRIAGE ACT, 1954

• The Special Marriage Act enacted just a year ago of Hindu Marriage Act 1955, in 1954.
• The special marriage act deals with inter-caste and inter-religion marriages, Inter-caste marriage is a marriage between people of two different caste.
• The Special marriage Act is applicable to all the citizens of India irrespective of caste, race, religion, ethnicity, etc.
• Under Special Marriage Act ,Conditions for marriages

1. 1. At the time of the marriage, the age of the bridegroom must be 21, and the age of the bride must be 18
   2. Both of the parties should not have any living spouse at the time of marriage.
   3. The parties should be mentally fit
   4. Both the parties should not be subjected to prohibited relationship , which means they should not be related to blood relationship.

• The act includes Hindus, Muslims, Christians, Sikhs, Jains, Buddhists marriages. This act not only applies to Indian citizens but also to Indian nationals who live abroad belonging to different caste and religions.
• A special law enacted to provide marriages by registration in which there is not any necessity to renounce their religion.
• Special Marriage Act provides solemnization for the marriage as well as for registration by a marriage officer. For registration of marriage, both the parties have to provide a notice to the marriage officer. This notice is displayed on the notice board of the sub registrar’s office for the next 30 days. If no objections are received, then only the marriage is solemnized.
• Special Marriage Act, it is mandatory to get the registration done within a given time . It is mandatory for all the citizens of other religions to get their registration done soon after the marriage.but under special marriage Act traditional rituals are essentially not required for the solemnization of marriage, but it is desirable.

These Are the major differences between the Hindu marriage Act And Special Marriage Act.

For more information about court marriage, Hindu marriage, and special marriage, you can contact our court marriage lawyers in Delhi. You can call us at +91-9810586552 or visit our website.