Act, 1872 or under this act, may be registered under this chapter by a marriage officer in. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely 20. Under section 8 of the hindu marriage act 1954, there exists a provision for registration of marriages. One of the parties to intended marriage to give notice to registrar 5. This act may be called the indian contract act, 1872. The act basically identifies the ingredients of a legally enforceable valid contract in addition to dealing with certain special type of contractual relationships like indemnity, guarantee. Documents checklist office of the special marriage. The officer so appointed shall be called registrar of marriages under act iii of 1872, and is hereinafter referred to as the registrar. Whereas it is convenient to afford a form of marriage for persons who do not admit the christian, jewish, hindu, muslim, parsi, buddhist, sikh or jaina religion, and for persons who allow the hindu, buddhist, sikh or jaina. We are not within the degrees of prohibited relationship. Before the enactment of indian christian marriage act, 1872 the law relating to solemnization in. The officer so fixed shall be called registrar of marriages in act iii of 1872, and is hereinafter referred to as the registrar. Whereas it is expedient to provide a form of marriage for persons who do not profess the christian, jewish, hindu, muslim, parsi, buddhist, sikh or jaina. Now it is very important that every indian should know at least some of the basic things about the special marriage act.
The special marriage act 1872 josh and mak international. The indian christian marriage act 1872 provides that every marriage both parties to which are, or either party to which is, christian shall be solemnized in accordance with its provisions. Asianlii databases burma code special marriage act 1872. What is the advantages of the special marriage act, 1872.
Marriages may be celebrated under this act between persons. The christian marriage act 1872 contains 88 sections in 8 parts and 4 schedules. Monday may 25, 2015 alethnien shaban 07, 1436 somavara jyaistha 04, 1937, at 09. The special marriage act deals with inter caste and interreligion marriages.
Both bridegroom and bride must send all required materials as stated herein above to our email address marriage. However, this involves both parties renouncing their respective religions. Solemnizing without notice or within fourteen days after notice, marriage with minor. The special marriage act, 1954 replaced the old act iii, 1872. A ccording to a r ticle 2 of muslim marriage law, 1974, marriage is legitimate, if it has performed in accordance with the religion. Iii of 1872 and the hindu marriage registration act, 2012 act no. Notice to be filed and copy entered in the marriage notice book 6. The indian contract act, 1872 codifies the legal principles that govern such contracts. The special marriage act, 1872 3 of 1872, and any law corresponding to the special marriage act, 1872 3 of 1872, in force in any part b state immediately before. Whereas it is expedient to provide a form of marriage for persons who do not profess the christian, jewish, hindu, muslim, parsi, buddhist, sikh or jaina religion. Before the enactment of indian christian marriage act, 1872 the law relating to solemnization in india of marriage of persons professing the christian religion was guided by two british acts, 14 and 15 vict. India of marriage of persons professing the christian religion was.
It determines the circumstances in which promises made by the parties to a contract shall be legally binding. Iii of 1872 22 nd march, 1872 an act to provide a form of marriage in certain cases. The special marriage act,1872 in bangladesh special marriage an act to give a form of marriage in certain cases. Full text containing the act, indian christian marriage act, 1872, with all the sections, schedules, short title, enactment date, and footnotes. One of the parties to intended marriage to give notice to registrar 4. The indian christian marriage act, 1872 with short notes.
For the purpose of proving age of a male or female who is in marriage or intends to contract a marriage, the birth. The indian christian marriage act, 1872, says that all christian marriages will be solemnized under its provisions. The indian christian marriage act, 1872 15 of 1872 014 18th july, 1872. The portion of territory for which any such officer is appointed shall be deemed his district. Procedure for solemnization of marriage under the special marriage act, 1954 the district registrars and sub registrars are marriage officers as per the act. The ind ian christian marriage act 1872 is obsolete in so far. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 iii of 1872, or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely. Issuing certificate, or marrying, without publication of notice. Preamblewhereas it is expedient to define and amend certain parts of the law relating to contracts. The special marriage act extends to the whole of india except the state of jammu and kashmir and applies also to citizens of india domiciled in the territories to which.
Third and the last is, you can renounce your respective faith and declare that none of the parties to the marriage profess any religion and thus come within the scheme of the special marriage act, 1872. In 1872 act iii, 1872 was enacted but later it was found inadequate for certain desired reforms, and parliament enacted a new legislation. Solemnization of marriage under special marriage act, 1954. Conditions upon which marriages under act may be celebrated 3. Iii of 1872 22 nd march, 1872an act to provide a form of marriage in certain cases. Guarantee on contract that creditor shall not act on it until cosurety joins. Marriages solemnized under special marriage act are not governed by personal laws. Bangladeshi and foreigners marriage registration under the special marriage act 1872. Be it enacted by parliament in the fifth year of the republic of india as follows. All christian marriages in india are governed by the indian christian marriage act, 1872, which provides for the solemnization of marriage either by a minister or by a priest of the church.
The format of the form is important as it contain all the details of bride and groom, their residential address, name initials, contact details and more. The government may employ one or more registrars beneath this act, either by name or as advantage any office for the time being, for any segment of the province focus to its organization. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special. The indian contract act, 1872 icai knowledge gateway. No law or custom as to consanguinity shall prevent them from marrying, unless a relationship can be traced between the parties through some. Marriages between bangladeshi and foreigner regardless of any religion. Provided that nothing contained in this act shall apply to the renoncants of the union territory of pondicherry state amendment. One of the parties to intend marriage to give notice to registrar 5. Procedure for solemnization of marriage under the special. A marriage registration form is a document that is essential to register marriage under hindu marriage act or special marriage act across india.
The act is based on the principles of english common law. Saving of marriages solemnized under special licence. The indian contract act, 1872 prescribes the law relating to contracts in india and is the key act regulating indian contract law. The preamble to the act says that it is an act to define and amend certain parts of the law relating to contract. Our marriage was celebrated before the commencement of the special marriage act 1954 central act 43 of 1954 and according to the law custom us age having the force of low governing each of us relationship according to the act for said. Intercaste marriage is a marriage between people belonging to two different castes.
Solemnization of marriage under special marriage act, 1954 the special marriage act was enacted to provide a special form of marriage by any person in india and all indian nationals in foreign countries irrespective of the religion either party to the marriage may profess. It extends to the whole of india except the state of jammu and kashmir. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the 1 special marriage act, 1872, iii of 1872 or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely. Communication, acceptance and revocation of proposals. This act consolidates the law related to the solemnizing of indian christian marriage. An act to provide a special form of marriage in certain cases, for the. The law relating to contract is governed by the indian contract act, 1872 act no. Powers of marriage officers in respect of inquiries.
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