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 since they did not follow the Hindu marriage rituals. It recognised and affirmed the legal status of Virasaiva, Brahmo Samaj, Arya Samaj and Prarthana Samaj marriages; thus the Hindu Marriage Act 1955 granted legal status only to these reformed marriages. In 1953, the Madras government decided to introduce the ‘Hindu Non-Conformist Marriage Registration Bill, 1954’, but despite it being taken up for consideration, was withdrawn and even rejected by the same government on the ground that the Special Marriage Act 1954 would cover the provisions for self-respect marriages. However, one must remember that the cumulative effect of legal reforms for women in Tamil Nadu had a far-reaching impact in the various adjudications of the Madras High Court which held far more radical perspectives on gender rights in marriage than any other court in India as in a verdict that related to the registration of a transgender wedding under the Hindu Marriage Act.

India Tamil Nadu Court Rights Hindus Act Bill Dmk Movement Madras This Act Hindu Law Suyamariyathai Rajathi Hindu Marriages  reform  court  milestone  act  bill  madras  marriage  hindu  marriages  rights  movement  selfrespect  india

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, 10 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 …

7 months after launch, nearly 48% of weddings under Hindu Marriage Act registered online in Karnataka
3 months, 2 weeks ago

7 months after launch, nearly 48% of weddings under Hindu Marriage Act registered online in Karnataka

The Hindu  

In just about seven months after the launch of the online marriage registration facility, nearly 48% of the registrations under The Hindu Marriage Act, 1955, in Karnataka have been done online. Since then, as many as 33,059 marriages out of the total 69,456 marriages registered under the Hindu Marriage Act in Karnataka were done online, according to data from the …

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. …

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 …

SC highlights cultural, legal significance of wedding ceremonies in Indian society
7 months, 3 weeks ago

SC highlights cultural, legal significance of wedding ceremonies in Indian society

Hindustan Times  

New Delhi The Supreme Court has issued a stern reminder about the sanctity of marriage, criticising the trend of reducing weddings to mere “song and dance” and “wining and dining”, while adding that such functions should be approached with reverence rather than extravagance. It added: “We urge young men and women to think deeply about the institution of marriage even …

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court
1 year ago

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court

Live Law  

Rajasthan High Court has recently underscored that the denial of registration of a marriage under the Hindu Marriage Act solely on the ground that one or both of them are foreign nationals is not justified. “…The respondents cannot refuse to register the marriage of the petitioners only because the petitioner No.2 is a foreigner and is not a citizen of …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 2 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

Hindu marriage invalid without 'Saptapadi,' other rituals: Allahabad HC
1 year, 2 months ago

Hindu marriage invalid without 'Saptapadi,' other rituals: Allahabad HC

Op India  

Allahabad High Court has ruled out that Hindu marriages are invalid without ‘Saptapadi’ as well as other sacred ceremonies. Allowing the petition filed by Smriti Singh, the court stated, “It is well settled that the word ‘solemnize’ means in connection with a marriage ‘to celebrate the marriage with proper ceremonies and in due form’. The ‘Saptapadi’ ceremony under the Hindu …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 2 months ago

Hindu Marriage is Invalid Without Rituals: Allahabad HC

News 18  

Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised second marriage without divorcing him. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the …

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?
1 year, 3 months ago

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?

Live Law  

Recently, several media reports have been doing the rounds stating that the Supreme Court has allowed advocates to solemnize marriages in their chambers under the Hindu Marriage Act 1955, overruling a Madras High Court judgment that held such marriages to be invalid. However, contrary to what several media reports claim, what the Apex Court actually held in its recent ruling …

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 …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 3 months ago

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC

News 18  

In a significant order, the Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and …

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 …

Strike a fine balance, have a just civil code
1 year, 5 months ago

Strike a fine balance, have a just civil code

The Hindu  

June 24, 2023 12:16 am | Updated 10:30 am IST On June 14, the Law Commission of India decided to solicit views and proposals from the public about the Uniform Civil Code. Even reformed Hindu Personal Law under the Hindu Marriage Act, 1955 does insist on solemnisation of marriage, through saptapadi and datta. Surprisingly when two Hindus marry under the …

As Law Commission Seeks Fresh Suggestions on UCC, a Look at Personal Laws in India
1 year, 6 months ago

As Law Commission Seeks Fresh Suggestions on UCC, a Look at Personal Laws in India

News 18  

The Law Commission on Wednesday initiated a fresh consultation process on uniform civil code by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue. For example, Hindu personal laws are governed by the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and others. It’s important to note that the Hindu Marriage …

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma
1 year, 7 months ago

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma

The Quint  

In India, laws around marriage and divorce are governed largely by the religious laws like Hindu Marriage Act,1955, the Indian Christian Marriage Act, 1872 and the relevant Muslim laws with the exception of the Special Marriage Act, 1954 wherein the divorce procedures apply to interfaith couples who have registered their marriage under the said Act. In the current case, the …

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 …

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 …

An extract from Manoj Mitta’s Caste Pride: Fight for self-respect
1 year, 8 months ago

An extract from Manoj Mitta’s Caste Pride: Fight for self-respect

The Hindu  

In the 1880s, a radical form of wedding took place in the Bombay Presidency, which did away with any kind of Brahmin priest. ‘Non-conforming marriage’ In this fraught environment, Rajaji’s governement drafted a bill in response to the High Court verdict on marriage. In another sharp deviation from Rajaji’s plan, the Centre suggested ‘limiting the application of that formality to …

Pakistan: Islamabad Passes Law Recognising Hindu Marriage; All You Need to Know
1 year, 8 months ago

Pakistan: Islamabad Passes Law Recognising Hindu Marriage; All You Need to Know

News 18  

In a significant move, a local administration in Pakistan has passed a law which formally recognises Hindu marriages and notifies the rules for a valid marriage. The Islamabad administration in Pakistan has notified the rules for Hindu Marriage Act 2017 allowing members of the minority community to marry in line with their rituals, Dawn reported. The notification titled ‘Islamabad Capital …

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 …

RSS supports Centre’s stand on same-sex marriage
1 year, 9 months ago

RSS supports Centre’s stand on same-sex marriage

The Hindu  

Backing the Union Government’s stand on same-sex marriage, Rashtriya Swayamsevak Sangh general secretary Dattatreya Hosabale on March 14 said marriage can only take place between persons from opposite genders. It is not for physical and sexual enjoyment,” Mr. Hosbale said, adding that the RSS agreed with the government’s view on same-sex marriage. “In our country, despite statutory recognition of the …

Centre opposes recognition of same-sex marriage in Supreme Court citing personal laws, societal values
1 year, 9 months ago

Centre opposes recognition of same-sex marriage in Supreme Court citing personal laws, societal values

Firstpost  

New Delhi: The Centre has opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause a complete havoc with the delicate balance of personal laws and in accepted societal values. The Centre said, “It is submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot …

Now, foreigners can register marriages in Delhi under Special Act
1 year, 11 months ago

Now, foreigners can register marriages in Delhi under Special Act

Hindustan Times  

Foreigners can register their marriage under the Special Marriage Act, 1953, and there is no requirement for at least one of the parties to be an Indian citizen, the Delhi high court has said, directing the state government to amend their guidelines in this regard. Justice Singh said the statute having made a clear distinction between “any two persons” in …

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 …

Marriage Certificate Issued by Arya Samaj Has No Statutory Force, Allahabad High Court Says
2 years ago

Marriage Certificate Issued by Arya Samaj Has No Statutory Force, Allahabad High Court Says

News 18  

While dismissing a plea seeking relief of restitution of conjugal rights, the Allahabad High Court recently observed that the marriage certificate issued by Arya Samaj has no statutory force. The court also observed that it was the case where the rites and ceremonies of ‘Saptapadi’ had not taken place in the alleged Hindu marriage and his counsel also had failed …

'State Can't Prohibit Interfaith Couple To Marry': Delhi High Court On Foreign Nationals' Plea For Registration Of Marriage Under SMA
2 years, 1 month ago

'State Can't Prohibit Interfaith Couple To Marry': Delhi High Court On Foreign Nationals' Plea For Registration Of Marriage Under SMA

Live Law  

Dealing with a plea raising the issue of right of foreign nationals to solemnise and register their marriage under Special Marriage Act, 1954, the Delhi High Court on Wednesday observed that "there is no way" that the State can prohibit an interfaith couple to marry.Justice Yashwant Varma was hearing a plea filed by two interfaith foreign nationals residing in the …

Religion Of Parties Not Relevant For Registering Marriage Under Kerala Registration Of Marriages (Common) Rules, 2008: High Court
2 years, 2 months ago

Religion Of Parties Not Relevant For Registering Marriage Under Kerala Registration Of Marriages (Common) Rules, 2008: High Court

Live Law  

In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages Rules, 2008. Government Pleader, Advocate K M Faisal relying on the Kerala High Court decision in the case of Sabu K. Eliyas v. State of Kerala and others, submitted that …

Arguments That Reject Theory of Irretrievable Breakdown of Marriage Since It Is Sacrament Do Not Make Any Legal Sense: Jaising Tells SC
2 years, 2 months ago

Arguments That Reject Theory of Irretrievable Breakdown of Marriage Since It Is Sacrament Do Not Make Any Legal Sense: Jaising Tells SC

Live Law  

A Constitution Bench of the Supreme Court on Wednesday began hearing a batch of petitions raising common questions of law, namely, whether it could exercise its powers under Article 142 to dissolve a marriage, what were the broad parameters to exercise such power, and whether the invocation of such extraordinary powers was allowed in the absence of the mutual consent …

Sikh Couple Approaches Bombay High Court For Implementation of Anand Marriage Act in Maharashtra
2 years, 2 months ago

Sikh Couple Approaches Bombay High Court For Implementation of Anand Marriage Act in Maharashtra

Live Law  

A Sikh lawyer-couple, who married last year, have approached the Bombay High Court seeking directions for implementation of Anand Marriage Act in the state.Their plea seeks formulation of rules under the Anand Marriage Act 1909 and registration of their marriage under the law. A Sikh lawyer-couple, who married last year, have approached the Bombay High Court seeking directions for implementation …

Allahabad High Court rejects two women's plea to recognise their 'marriage'
2 years, 8 months ago

Allahabad High Court rejects two women's plea to recognise their 'marriage'

Firstpost  

The couple contended that the Hindu Marriage Act talks about the marriage of two people and homosexual marriage has not been opposed by the legislation Allahabad: A plea by two women to recognise their “marriage” on the argument that such union was not “opposed” by the Hindu Marriage Act has been rejected by the Allahabad High Court. Opposing their plea, …

"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 …

Parliament panel to examine Bill proposing marriage age change on Wednesday
2 years, 8 months ago

Parliament panel to examine Bill proposing marriage age change on Wednesday

Deccan Chronicle  

New Delhi: The Parliamentary Standing Committee on Education, Women, Children, Youth and Sports would examine the Prohibition of Child Marriage Bill in its first meeting on April 13. The Prohibition of Child Marriage Bill, 2021 proposes to amend the existing law to bring parity at the minimum marriageable age for men and women. The Bill will also affect laws relating …

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 …

Customary Divorces under Hindu Law
3 years, 4 months ago

Customary Divorces under Hindu Law

Live Law  

Introduction Prior to the codification of personal laws in India, marriages and divorces were entirely based on the rituals and practices which were customary in nature. The Delhi High Court, while upholding the precedence of Section 29, held that "The opening words of this Sub-section viz 29 "Nothing contained in this Act shall be deemed to affect any right" leave …

"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code
3 years, 5 months ago

"Indian Society Becoming Homogenous, Traditional Barriers Of Religion Slowly Dissipating": Delhi High Court Bats For Uniform Civil Code

Live Law  

Observing that the hope expressed under Article 44 of the Constitution should not remain a 'mere hope', the Delhi High Court on Wednesday expressed the need for having a Uniform Civil Code after noting that the Indian society is gradually becoming homogenous while the traditional barriers are slowly disappearing. Justice Pratibha M Singh observed, "In modern Indian society which is …

Anand Marriage Act: Uttarakhand High Court Issues Notice To State On Plea Seeking Direction To Notify Rules For Sikh Marriages
3 years, 5 months ago

Anand Marriage Act: Uttarakhand High Court Issues Notice To State On Plea Seeking Direction To Notify Rules For Sikh Marriages

Live Law  

The Uttarakhand High Court on Wednesday issued a notice to the state government on a plea urging that State Government should notify the rules under the Anand Marriage Act, 1909. The petition, filed by the party in person, Amanjot Singh Chadha, avers that the Act casts a duty upon the State Government under Section 6 to make rules for registration …

Delhi High Court Issues Notice On Plea Seeking Recognition To Same-Sex Marriages In Citizenship Act, Special Marriage Act & Foreign Marriage Act
3 years, 5 months ago

Delhi High Court Issues Notice On Plea Seeking Recognition To Same-Sex Marriages In Citizenship Act, Special Marriage Act & Foreign Marriage Act

Live Law  

A division bench of Chief Justice DN Patel and Justice Jyoti Singh today issued notice on a plea seeking recognition to same-sex marriages under the Citizenship Act, 1955, Foreign Marriage Act, 1969, and the Special Marriage Act, 1954. Filed by one Joydeep Sengupta, who is a Canadian citizen and an Overseas Citizen of India cardholder, and his partner Russell Blaine …

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, …

Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta High Court
3 years, 9 months ago

Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta High Court

Live Law  

The Calcutta High Court has held that merely obtaining a customary divorce will not attract the exception envisaged under Section 29 of the Hindu Marriage Act. The Apex Court had categorically observed, "the requirement to claim benefit of prevalence of customary right to divorce in a community must be specifically pleaded and established by the person propounding such custom…" Background …

Notice Under Special Marriage Act Serves Purpose Of Verifying Credibility of Persons: Centre Informs Delhi High Court
3 years, 10 months ago

Notice Under Special Marriage Act Serves Purpose Of Verifying Credibility of Persons: Centre Informs Delhi High Court

Live Law  

In response to a petition seeking the declaration of Sections 6 and 7 of the Special Marriage Act, 1954 as null, void and ultravires to the Constitution of India, the Central Government has informed the Delhi High Court that, "the intention behind the Act is to keep adequate safeguards to the interest of various parties involved," and that if a …

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court
3 years, 11 months ago

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court

Live Law  

In an important judgment, Allahabad High Court has held that requirement of publication of notice of intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the Special Marriage Act is not mandatory.Justice Vivek Chaudhary observed that making such publication mandatory would invade in the fundamental rights of liberty and privacy, including within its. In an important judgment, …

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 …

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 …

How to register marriage under Special marriage Act in India
4 years, 2 months ago

How to register marriage under Special marriage Act in India

India Today  

In 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, 1954 lays down the procedure for both solemnization and registration of marriage, where either of the husband or wife or both are not Hindus, Buddhists, Jains, or Sikhs. All marriages in India …

Plea In SC Seeks Religion-Neutral, Gender-Neutral Grounds Of Maintenance, Alimony
4 years, 2 months ago

Plea In SC Seeks Religion-Neutral, Gender-Neutral Grounds Of Maintenance, Alimony

Live Law  

The Supreme Court has been moved in a PIL seeking a direction to the Centre to take steps to remove the prevailing anomalies in the grounds of maintenance and alimony and to make them uniform for all citizens without discrimination on the basis of religion, race, cast, sex or place of birth in spirit of the Articles 14, 15, 21, …

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 …

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