Comprehensive Commentary on the Special Marriage Act, 1954

1. Introduction & Background

• The Special Marriage Act, 1954 is a secular law of marriage in India.
• It allows marriage irrespective of religion, caste, or creed.
• It was enacted to provide a legal framework for:
  1. Inter-religious marriages (Hindu-Muslim, Hindu-Christian, etc.)
  2. Civil marriages without religious ceremonies.
  3. Regulation of divorce and succession for such marriages.

👉 The SMA is based on the principle of uniformity, equality, and secularism, reflecting Article 14 (Equality) and Article 21 (Right to Life & Personal Liberty) of the Constitution.

2. Objectives of the Act

• Provide a special form of marriage for people of India and Indian nationals abroad.
• Allow marriage beyond religion & caste.
• Provide legal rights & obligations of spouses.
• Regulate divorce, maintenance, legitimacy of children, and succession.

3. Key Provisions of the Act

(A) Conditions for Marriage (Section 4)

• Neither party should have a living spouse.
• Must be of sound mind and capable of giving valid consent.
• Male: minimum 21 years, Female: minimum 18 years.
• Parties should not fall within prohibited degrees of relationship (unless custom permits).

(B) Notice of Intended Marriage (Sections 5–14)

• Couple must give 30 days’ prior notice to the Marriage Officer of the district where at least one has resided for 30 days.
• Notice is publicly displayed at the Marriage Office.
• Objections may be raised within 30 days on limited grounds (like already married, underage, prohibited relationship).

⚖️ Case Law:

• Pranav Kumar Mishra v. Govt. of NCT of Delhi (2009) – Court held that public notice should not invade privacy of couples. Many states have modified the practice after this judgment.

(C) Solemnization of Marriage (Section 12)

• After expiry of objection period, the marriage can be solemnized in the presence of:
  • Marriage Officer
  • Three witnesses
• Marriage Certificate entered in the Marriage Register is conclusive proof.

(D) Consequences of Marriage under SMA

1. Personal Law Ceases → Once married under SMA, spouses are governed by SMA for divorce & succession.
2. Succession (Section 21) → Governed by Indian Succession Act, 1925, not by personal/religious laws.
   • Exception: If both are Hindus, Section 21A allows them to be governed by Hindu Succession Act.

(E) Legitimacy of Children (Section 26)

• Children born out of SMA marriage are considered legitimate, even if the marriage is declared void, provided parents believed in good faith.

(F) Divorce Provisions (Sections 27–37)

• Grounds for divorce include:
  • Adultery
  • Desertion (2+ years)
  • Imprisonment (7+ years)
  • Cruelty
  • Mental disorder
  • Venereal disease
  • Presumption of death (7 years not heard of)

⚖️ Case Law:

• Sarla Mudgal v. Union of India (1995) – Husband cannot convert to Islam just to marry again; marriage under SMA binds him to monogamy.
• Seema v. Ashwani Kumar (2006) – Supreme Court directed compulsory registration of marriages to prevent disputes.

4. Practical Importance

• Freedom of Choice: Safeguards the constitutional right to marry a partner of choice.
• Secular Framework: Helpful for inter-caste & inter-faith couples.
• Legal Security: Ensures rights of spouses and legitimacy of children.
• Succession Rules: Provides uniform law of succession (important in mixed-religion marriages).

5. Criticism & Challenges

• 30-Day Notice Rule – Often exposes couples to threats, violence, and family/community pressure. (Seen as a violation of Right to Privacy under KS Puttaswamy v. Union of India, 2017).
• Bureaucratic Hurdles – Marriage Officers may delay or harass couples.
• Not Popularly Used – Most couples still prefer personal laws for convenience and social acceptance.

CHART

Quick Highlights

• Notice (Sec. 5) = most controversial → public display exposes couples to risks.
• Succession (Sec. 21) = governed by Indian Succession Act, 1925, unless both are Hindus (then Hindu Succession Act applies).
• Divorce (Sec. 27 & 28) = covers fault grounds + mutual consent.
• Children (Sec. 26) = always legitimate, protecting rights of offspring.

Conclusion

• The Special Marriage Act, 1954 is a landmark secular legislation in India.
• It upholds the principles of individual liberty, secularism, and gender equality.
• However, the notice & objection provisions need reform to protect privacy and autonomy of couples.
• With rising inter-faith and inter-caste marriages, SMA plays a critical role in protecting freedom of choice in marriage.