Parley | Has the Special Marriage Act failed to protect inter-faith couples?
3 years, 11 months ago

Parley | Has the Special Marriage Act failed to protect inter-faith couples?

The Hindu  

The Special Marriage Act, 1954, is seen as a progressive law enacted to help inter-faith couples. But with States such as Uttar Pradesh and Madhya Pradesh framing laws that target inter-faith marriage, the procedural requirements of the SMA — such as the need to give prior notice, and allowance for ‘objections’ — seem to be undermining its original intent by opening the doors to violent moral policing by vigilante groups. Can the SMA come to the rescue of inter-faith couples, who, in addition to the old challenge of parental opposition, today also have to contend with the bogey of ‘love jihad’? Editorial | Policing faith: On ‘love jihad’ laws At the same time, if someone wants to use the SMA for the purpose of inter-faith marriage, the state has no business asking them to put up a notice informing the whole world whom they want to marry. But isn’t it the other way round — that it’s only because the SMA is unable to do its job in cases of inter-faith marriage that one party ends up converting so that they can marry under a personal law?

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History of this topic

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act
2 days, 16 hours ago

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act

Live Law  

Coming to the aid of an interfaith couple, the Jabalpur Bench of Madhya Pradesh High Court directed the state to facilitate the marriage of a Hindu girl and a Muslim boy before the marriage officer. In doing so, the court said that there is no prohibition to inter-faith marriage under Section 4 of the Special Marriage Act, 1954. However, the …

Muslim women’s alimony right meets the moment
5 months, 1 week ago

Muslim women’s alimony right meets the moment

New Indian Express  

In a landmark judgement, the Supreme Court has said that a Muslim woman has the right to seek maintenance from her husband under Section 125 of the Criminal Procedure Code like any other woman. The SC bench rejected the argument that the provisions of Section 125 do not apply in view of there being a personal law on the issue …

Muslim community turns to Special Marriage Act for fair inheritance in Kerala
5 months, 2 weeks ago

Muslim community turns to Special Marriage Act for fair inheritance in Kerala

New Indian Express  

THIRUVANANTHAPURAM: Even while holding traditions tight, more members of the Muslim community have started registering marriages under section 15 of the Special Marriage Act to overcome certain conditions imposed in the Muslim inheritance law. Details collected under the Right to Information Act from sub-registrar offices in two districts -- Kasaragod and Thrissur -- show that a total of 277 marriages …

Bizarre judgment: On the Madhya Pradesh High Court’s order
6 months, 2 weeks ago

Bizarre judgment: On the Madhya Pradesh High Court’s order

The Hindu  

It is an old principle that ignorance of law is no excuse. The Madhya Pradesh High Court’s order ruling declining to give protection to a couple on the ground that a marriage between a Muslim man and a Hindu woman will not be valid, even if registered under the Special Marriage Act, 1954, reflects an incredible misunderstanding of the law. …

Recent MP HC judgment on interfaith couples could deter mixed marriages
6 months, 2 weeks ago

Recent MP HC judgment on interfaith couples could deter mixed marriages

Hindustan Times  

The marriage between a Muslim man and a Hindu woman was not valid under Muslim personal law even if registered under the Special Marriage Act, 1954, the Madhya Pradesh High Court recently ruled, denying police protection to the interfaith couple. On April 20, 1978, the husband gave “talaq”, which was challenged by his wife before the High Court of Bombay …

Interfaith Couples Can Marry Under Special Marriage Act Without Need Of Conversion: Allahabad High Court
6 months, 3 weeks ago

Interfaith Couples Can Marry Under Special Marriage Act Without Need Of Conversion: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the law does not prevent an interfaith couple from applying for court marriage under the Special Marriage Act without the requirement of converting their religion. The petitioners argued that without converting to the faith/religion of the other, they decided to cohabit as husband and wife and get married under the Special Marriage Act …

Allahabad High Court allows interfaith couples to marry without conversion under Special Marriage Act
6 months, 3 weeks ago

Allahabad High Court allows interfaith couples to marry without conversion under Special Marriage Act

India TV News  

The Allahabad High Court has observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion. The court dismissed the argument, stating that while marriage by agreement is invalid, parties can apply for court marriage under the Special Marriage Act without conversion. However, law does not prevent the parties from applying for court marriage under …

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion
6 months, 3 weeks ago

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion

Hindustan Times  

While granting protection to an interfaith live-in couple facing threats, the Allahabad high court observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion. Allahabad High Court The court observed, “Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.” Justice Jyotsna Sharma made this observation …

Marriage, a chaotic construct!
6 months, 3 weeks ago

Marriage, a chaotic construct!

New Indian Express  

Critiques of marriage as an institution occur within a world in which the institution holds all kinds of power, which is why people who are critical of it may get married anyway. Pragmatically speaking, being legally married may be the best if not only way to ensure that one’s partner’s role in one’s life — or one’s role in their …

Dissecting the same-sex marriage verdict
1 year, 2 months ago

Dissecting the same-sex marriage verdict

New Indian Express  

The Special Marriage Act, of 1954 is a permissive legislation that allows any two persons to marry without discarding their respective religions. The petitioners wanted Section 4 of the SMA made gender neutral as it prescribes in its present form that males complete the age of 21 years and females the age of 18 years to be eligible for marriage. …

Invoking the spectre of judicial legislation
1 year, 2 months ago

Invoking the spectre of judicial legislation

Hindustan Times  

In the last two days, the Supreme Court has passed two significant judgments that will have ramifications for years to come. On Tuesday, by a 3-2 majority, the SC virtually rejected all the prayers in a batch of petitions seeking, among other reliefs, marriage equality and a bouquet of rights for the LGBTQ+ community. Thus, they said, “All queer persons …

A milestone in Hindu marriage reform in India
1 year, 2 months ago

A milestone in Hindu marriage reform in India

The Hindu  

Nearly 56 years after the enactment of the Hindu Marriage Act 1967, young Illavarasan, from Tamil Nadu, never thought that his Suyamariyathai marriage that was performed and validated under this Act could be invalidated and criminalised by the same Madras High Court which, in 1953, in Chidambaram Chettiar vs Deivanai Achi, had declared such marriages to be null and void …

What has the Supreme Court said about the validity of ‘self-respect’ marriages? | Explained
1 year, 3 months ago

What has the Supreme Court said about the validity of ‘self-respect’ marriages? | Explained

The Hindu  

The story so far: Affirming the fundamental right to choose one’s life partner, the Supreme Court on August 28 held that ‘self-respect’ marriages or ‘suyamariyathai’ under Section 7 of the Hindu Marriage Act, 1955, do not need public solemnisation or declarations, setting aside a May 2023 Madras High Court judgement. In doing so, a Bench comprising Justices S. Ravindra Bhat …

From the India Today archives (2022) | How a Uniform Civil Code could impact marriages
1 year, 5 months ago

From the India Today archives (2022) | How a Uniform Civil Code could impact marriages

India Today  

On April 22, Union home minister Amit Shah, while addressing a BJP meeting in Bhopal, reportedly told his colleagues that it was time to focus on the Uniform Civil Code. IMPACT OF UCC ON MARRIAGES A common law can fix minimum legal age for marriage, abolish bigamy and polygamy and encourage interfaith marriages 1. Special provisions the UCC may abolish …

What is Hindu Marriage Act and its relevance: Details here
1 year, 5 months ago

What is Hindu Marriage Act and its relevance: Details here

India TV News  

The Hindu Marriage Act was passed in 1955 and designed to protect the rights of the Hindu bride and groom tied together by the holy bond of marriage. The Supreme Court observed that a Hindu marriage cannot be termed conclusive in the "absence of a valid ceremony" under the Hindu Marriage Act. What is Hindu Marriage Act | Key takeaways …

Marriage for all, even if for a few
1 year, 7 months ago

Marriage for all, even if for a few

The Hindu  

In a reality show, “Fabulous Lives of Bollywood Wives”, Sima Taparia of the series, “Indian Matchmaking”, was asked about the possibility of matching for queer couples. Even as season three of her show dropped, the Supreme Court began hearing the case for marriage equality within the ambit of the Special Marriage Act. If the court rules in favour of expanding …

Same-sex marriage: SC hints it may refer challenge to notice provision under Spl Marriage Act to 2-judge bench
1 year, 7 months ago

Same-sex marriage: SC hints it may refer challenge to notice provision under Spl Marriage Act to 2-judge bench

India TV News  

The Supreme Court, which is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriages, on Thursday indicated it might refer for adjudication by a two-judge bench the challenge to the 30-day prior notice provision in the Special Marriage Act, 1954. A five-judge constitution bench headed by Chief Justice D Y Chandrachud said on Thursday the 30-day …

SMA rules must be reconsidered
1 year, 8 months ago

SMA rules must be reconsidered

Hindustan Times  

The fractious question of interfaith relationships was first legislated in India in the second half of the 19th century as sweeping reformist movements such as Brahmo Samaj petitioned the British government to find a path forward for couples separated by religion, and the diktat of their strict customary laws. From the swirling debate around the reformation of the Hindu personal …

'Based On Patriarchy, Exposes Couples To Invasion' : Supreme Court Questions Special Marriage Act Provisions On Notice Inviting Objections
1 year, 8 months ago

'Based On Patriarchy, Exposes Couples To Invasion' : Supreme Court Questions Special Marriage Act Provisions On Notice Inviting Objections

Live Law  

In the marriage equality case before the Supreme Court, some petitioners have challenged the provisions of the Special Marriage Act 1954 which require parties intending marriage to give advance notice of 30 days, which will be published in the Registrar's office inviting public objections. Senior Advocate Dr Abhishek Manu Singhvi, appearing in the writ petition filed by Utkarsh Saxena and …

Five years after Section 377 landmark, queer community hopes for an epoch
1 year, 8 months ago

Five years after Section 377 landmark, queer community hopes for an epoch

Hindustan Times  

Like most things in India, it began at a wedding. “Runaway LBI women and trans persons often wish to marry each other and are seeking to secure some legal and social legitimacy for their relationship, particularly given the hostility, threat and violence that is inflicted on them not only by society at large but specifically from family members, opposed to …

A case for marriage equality
1 year, 8 months ago

A case for marriage equality

The Hindu  

On March 12, the Centre filed an affidavit in the Supreme Court frowning upon same-sex marriage. More than 20 retired judges issued a statement saying that legalisation of same-sex marriage will “strike at the very root of the family system” and that “such a sensitive issue concerning the society at large be debated in the Parliament and State Legislature as …

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction
1 year, 8 months ago

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction

The Hindu  

A five-judge bench of the Supreme Court is set to hear the petitions on April 18, 2023. It is then upon the aggrieved members of society, the victims of the current marriage regime, to go to court and say the laws as they stand today are violative of the Constitution, and therefore the court is absolutely the right forum for …

Why Maharashtra panel on interfaith marriages has sparked outcry
2 years ago

Why Maharashtra panel on interfaith marriages has sparked outcry

India Today  

The Maharashtra government has set up a 13-member committee to monitor interfaith marriages, raising larger questions around issues such as privacy and the right to personal choice. On December 13, the state government issued a government resolution appointing the committee under minister for women and child development Mangal Prabhat Lodha.The ‘Inter-caste/ Interfaith Marriage-Family Coordination Committee ’ was tasked with maintaining …

Can a Hindu Man Marry Two Women? As Maha 'Twin' Wedding Shocks, a Look at Marriage Laws
2 years ago

Can a Hindu Man Marry Two Women? As Maha 'Twin' Wedding Shocks, a Look at Marriage Laws

News 18  

The video clip of two twin women marrying a man in Maharashtra made headlines yesterday. There is the Hindu Marriage Act from 1955 for Hindus, the Muslim Personal Law Application Act 1937 for Muslims, the Indian Christian Marriage Act 1872 for Christians, and the Parsi Marriage and Divorce Act 1936 for Parsis. According to a report by Indian Kanoon, “any …

Explained | Challenging the Special Marriage Act, 1954
2 years, 3 months ago

Explained | Challenging the Special Marriage Act, 1954

The Hindu  

The story so far: The Supreme Court on Monday dismissed a writ petition challenging provisions of the Special Marriage Act, 1954 requiring couples to give a notice declaring their intent to marry 30 days before their marriage. The Supreme Court on Monday dismissed a writ petition challenging the Constitutional validity of certain provisions of the SMA under which couples seek …

"Recognizing Same-Sex Marriage Would Be Against Indian Culture, Laws & Indic Religions": UP Govt Submits Before Allahabad High Court
2 years, 8 months ago

"Recognizing Same-Sex Marriage Would Be Against Indian Culture, Laws & Indic Religions": UP Govt Submits Before Allahabad High Court

Live Law  

The Uttar Pradesh Government last week opposed the recognition of same-sex marriage on the ground that such marriages are against Indian culture and Indic religions and shall be invalid according to Indian laws, which have been designed keeping in mind the concept/existence of a man and a woman.The submission was made before the Bench of Justice Shekhar Kumar Yadav which …

Government response awaited on law on inter-faith marriages
2 years, 11 months ago

Government response awaited on law on inter-faith marriages

The Hindu  

The law that governs inter-faith marriages in the country, the Special Marriage Act, 1954, is being challenged for endangering the lives of young couples who seek refuge under it. And then they told us we were required to wait for 30 days and issue a notice inviting objections to our marriage from the public and that this notice would be …

Make Registration Of Same-Sex Marriage Either Religion-Neutral Or Under Secular Law Only: Plea In Delhi High Court
3 years ago

Make Registration Of Same-Sex Marriage Either Religion-Neutral Or Under Secular Law Only: Plea In Delhi High Court

Live Law  

An NGO namely Sewa Nyaya Utthan Foundation has moved the Delhi High Court seeking to intervene in the plea filed for registration of marriages of LGBTQIA couples under the Hindu Marriage Act, 1956.At he outset, the application filed through Advocate Shashank Shekhar Jha states that approval with regards to same sex marriage under Hindu Marriage Act and not in other …

Same-sex marriage: social attitudes rooted in conservatism
3 years ago

Same-sex marriage: social attitudes rooted in conservatism

The Hindu  

IT is three years since homosexuality was decriminalised in India, but public morality around same-sex relationships continues to be a thorny issue. During the hearing of the plea, Joydeep and Russell’s Advocate, Karuna Nundy, reasoned that since Section 7A of the Citizenship Act, 1955, does not distinguish between heterosexual, same-sex or queer spouses, a person married to an overseas citizen …

Anti 'Love Jihad' Law: Gujarat High Court Puts Sections Of 'Freedom Of Religion' Act On Hold
3 years, 4 months ago

Anti 'Love Jihad' Law: Gujarat High Court Puts Sections Of 'Freedom Of Religion' Act On Hold

ABP News  

Anti-Love Jihad Law: The Gujarat High Court on Thursday stayed the implementation of some sections of the state's new anti-conversion law on inter-religious marriages. A bench of Chief Justice Vikram Nath and Justice Biren Vaishnav said an interim order has been passed to protect people from unnecessary trouble. The Gujarat Freedom of Religion Act, 2021 which punishes people involved in …

Can children from first marriage challenge validity of second under Special Marriage Act? SC agrees to examine
3 years, 5 months ago

Can children from first marriage challenge validity of second under Special Marriage Act? SC agrees to examine

India Today  

Thirteen years after a Muslim woman married a Hindu man under the Special Marriage Act, the children from his first marriage went to court saying the marriage was invalid. Senior advocate Huzefa Ahmadi, appearing in court for the woman, argued that the children of the first wife have “no locus standi whatsoever” to challenge the marriage. “It has been registered …

What is Special Marriage Act, all you need to know
3 years, 9 months ago

What is Special Marriage Act, all you need to know

India Today  

All marriages in India can be registered under the respective personal law Hindu Marriage Act, 1955, Muslim Marriage Act, 1954, or under the Special Marriage Act, 1954. What is the Special Marriage Act: A marriage under the Special Marriage Act, 1954 allows people from two different religious backgrounds to come together in the bond of marriage. The Special Marriage Act, …

Why LGBTQ+ Indians deserve the right to marry
3 years, 9 months ago

Why LGBTQ+ Indians deserve the right to marry

Live Mint  

Last week, the government at the Centre filed an affidavit with the Delhi high court opposing the right of the LGBTQ+ community to marriage under Indian law. “Living together as partners having sexual relationship by same sex individual is not comparable with Indian family unit concept of a husband, wife children which necessarily presuppose a biological man as ‘husband’, a …

Eliminate State and social interference in matters of conscience
3 years, 11 months ago

Eliminate State and social interference in matters of conscience

Hindustan Times  

Uttar Pradesh ’s Prohibition of Unlawful Conversion of Religion law — colloquially called the “love jihad law” — has attracted controversy ever since it was initially enacted as an ordinance two months ago. It should be clear that the UP Prohibition of Unlawful Conversion of Religion law infantilises Indian citizens, reduces them to the level of subjects, and authorises State …

Love jihad laws: State has no business examining religious conversions; it breaches secular tenets, assaults civil liberties
4 years ago

Love jihad laws: State has no business examining religious conversions; it breaches secular tenets, assaults civil liberties

Firstpost  

It is senseless that we in the 21st century are still dealing with religion as though it was a means to determine one’s relationship to the State. However, on Monday, the Allahabad High Court overruled its 30 October order and said that whether the conversion was valid or not is immaterial to deciding the right of two people to live …

Policing faith: The Hindu Editorial on ‘love jihad’ laws seeking to prohibit ‘unlawful’ religious conversions
4 years ago

Policing faith: The Hindu Editorial on ‘love jihad’ laws seeking to prohibit ‘unlawful’ religious conversions

The Hindu  

The proposed Uttar Pradesh ordinance seeking to prohibit “unlawful” religious conversions represents a regressive march towards unacceptable medievalism and a reprehensible zeal to police the private lives and beliefs of citizens. However, apparently inspired by similar legislation in Himachal Pradesh and Uttarakhand, it has sought to include “alluring into marriage” as an additional ground for declaring an instance of religious …

'Love Jihad' A Political Tool, Constitutional Provisions Protect Love Across Faiths and Castes, Say Experts
4 years, 1 month ago

'Love Jihad' A Political Tool, Constitutional Provisions Protect Love Across Faiths and Castes, Say Experts

News 18  

The Constitution of India guards interreligious love and marriage, protects personal liberties and provides legal arrangements for the same, experts say. Constitutional experts News18.com spoke to pointed out that with ‘love jihad’ being a conspiracy theory, having no evidence, the moves by the states are against the spirit of the supreme law of the land – the Constitution – which …

The Hindu Explains | Why are States opting for legislation on ‘freedom of religion’?
4 years, 1 month ago

The Hindu Explains | Why are States opting for legislation on ‘freedom of religion’?

The Hindu  

The story so far: The Special Marriage Act, 1954 was enacted to facilitate the marriage of couples professing different faiths and preferring a civil wedding. Parties to an intended marriage should give notice to the ‘marriage officer’ of the district in which one of them had resided for at least 30 days. The Hindu Marriage Act is also applicable to …

Plea In Supreme Court Against Allahabad HC Order Which Denied Protection To Couple Holding That Conversion For The Purpose Of Marriage Unacceptable
4 years, 1 month ago

Plea In Supreme Court Against Allahabad HC Order Which Denied Protection To Couple Holding That Conversion For The Purpose Of Marriage Unacceptable

Live Law  

A writ petition has been filed in the Supreme Court alleging that a "wrong precedent" has been set by the Allahabad High Court by declining police protection to an inter-faith married couple holding that religious conversion for the purpose of marriage unacceptable. He is aggrieved by the fact that with the passing of the impugned order, the Allahabad High Court …

Uncivil proposal: On laws to curb 'love jihad'
4 years, 1 month ago

Uncivil proposal: On laws to curb 'love jihad'

The Hindu  

The astounding proposal by Uttar Pradesh and Haryana to enact a law to curb what they call ‘love jihad’ reeks of a vicious mix of patriarchy and communalism. Propounded by Uttar Pradesh Chief Minister Yogi Adityanath, the detestable idea amounts to legitimising a term that constitutes a blatant slur against inter-faith marriages and relationships in which one of the parties …

For marriage ‘equality’ that is truly equal
4 years, 3 months ago

For marriage ‘equality’ that is truly equal

Hindustan Times  

Since January, a petition challenging the applicability of the Special Marriage Act, 1954, to heterosexuals has been pending in the Kerala High Court. The petitioners are two gay men — 35-year-old Nikesh PP and 31-year-old Sonu MS —who had a wedding ceremony in the parking lot of a temple in 2018, and then petitioned the court to have their marriage …

SC Issues Notice On Plea Challenging Provisions Of Special Marriages Act Requiring Publication Of Private Details Of Parties Intending Marriage [Read Order]
4 years, 3 months ago

SC Issues Notice On Plea Challenging Provisions Of Special Marriages Act Requiring Publication Of Private Details Of Parties Intending Marriage [Read Order]

Live Law  

The Supreme Court on Wednesday issued notice in a plea challenging provisions of the Special Marriages Act, 1954 in so far as they require the parties to the marriage to establish their private details, open for public scrutiny, before 30 days of intended marriage.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun issued notice in the …

'Not Allowing Homosexual Marriage A Violation Of Right To Life': PIL in Delhi HC Seeks Recognition Of Same-Sex Marriage
4 years, 3 months ago

'Not Allowing Homosexual Marriage A Violation Of Right To Life': PIL in Delhi HC Seeks Recognition Of Same-Sex Marriage

Live Law  

A PIL filed in Delhi High Court seeks a declaration recognizing the right of same-sex couples to get married under the Hindu Marriage Act, 1955. The petition filed on behalf of activists and members of the LGBTQ community avers that the Hindu Marriage Act allows a marriage to take place between 'any two Hindus', without discriminating between homosexuals and heterosexuals. …

Plea in Supreme Court says secular marriage law violates privacy to marry
4 years, 3 months ago

Plea in Supreme Court says secular marriage law violates privacy to marry

The Hindu  

A secular marriage law that makes accessible to all and sundry the personal details, including mobile phone numbers, of adults who want to enter wedlock has come under challenge in the Supreme Court. The Special Marriage Act is intended to help consenting adults, especially those who belong to different religions or castes, to marry. She submitted that marriage is “a …

Plea In SC Seeks Direction To The Centre For Uniform Grounds Of Divorce For All Citizens Regardless Of Religion, Race, Caste, Sex, Place Of Birth [Read Petition]
4 years, 4 months ago

Plea In SC Seeks Direction To The Centre For Uniform Grounds Of Divorce For All Citizens Regardless Of Religion, Race, Caste, Sex, Place Of Birth [Read Petition]

Live Law  

The Supreme Court has been moved in a PIL seeking a direction to the Centre to take apposite steps to remove anomalies in the grounds of divorce & make them uniform for all citizens without prejudice on the basis of religion, race, caste, sex or place of birth in spirit of the Articles 14, 15, 21, 44 and international conventions. …

PIL in Supreme Court seeks uniform grounds of divorce for all citizens
4 years, 4 months ago

PIL in Supreme Court seeks uniform grounds of divorce for all citizens

The Hindu  

A PIL seeking ‘uniform grounds of divorce’ for all citizens throughout India in spirit of the Constitution and international conventions has been filed in the Supreme Court. The plea filed by BJP leader and advocate Ashwini Kumar Upadhyay sought directions to the Centre to take steps to remove anomalies in divorce laws and make them uniform for all citizens without …

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