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 stuck on the court premises,” recounts Ms. Aafreen. The law doesn’t require such a notice to be sent to the families, but there are often instances where marriage officers and State governments go over and beyond the law to scuttle these marriages. A habeas corpus by her boyfriend in the Delhi High Court reunited the couple six days later, when the court asked them to resume their marriage formalities. Following another petition from her, the Delhi High Court in August 2021 slapped the SDM with a contempt notice for disregarding a 2009 order of the court requiring marriage officers to not despatch notices to the families of the couple seeking to marry under the SMA.

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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
3 weeks 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
6 months 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
6 months 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
7 months 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
7 months 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
7 months, 1 week 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
7 months, 1 week 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
7 months, 1 week 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!
7 months, 1 week 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. …

Right To Civil Union, Adoption, Transgender Persons' Right To Marry: Where Supreme Court Bench Agreed & Disagreed In Marriage Equality Case
1 year, 2 months ago

Right To Civil Union, Adoption, Transgender Persons' Right To Marry: Where Supreme Court Bench Agreed & Disagreed In Marriage Equality Case

Live Law  

"There is a degree of agreement and a degree of disagreement on how far we have to go," remarked CJI DY Chandrachud as he commenced the pronouncement of the judgement denying the grant of legal recognition for queer marriages in India in open court yesterday. On a similar note, Justice Kaul, in his judgement, also stated that the entitlements devolving …

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 …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 4 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 …

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 Case : Supreme Court Expresses Reluctance To Examine Special Marriage Act Provisions On Notice & Objections
1 year, 8 months ago

Same Sex Marriage Case : Supreme Court Expresses Reluctance To Examine Special Marriage Act Provisions On Notice & Objections

Live Law  

In the matter pertaining to marriage equality in India, on the ninth day of the arguments, Senior Advocate Dr AM Singhvi submitted before the Supreme Court his rejoinder arguments. When Dr Singhvi started arguing against the notice and objection regime of the Special Marriage Act, CJI DY Chandrachud orally remarked– "Your argument in the challenge to notice provisions postulates a …

Same-sex marriage: SC hints it may refer challenge to notice provision under Spl Marriage Act to 2-judge bench
1 year, 8 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 …

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction
1 year, 9 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 …

Will Kerala Muslim couple's re-marriage under Special Marriage Act help them? | Explained
1 year, 10 months ago

Will Kerala Muslim couple's re-marriage under Special Marriage Act help them? | Explained

India Today  

A Muslim couple from Kerala recently remarried, and got their marriage registered under the Special Marriage Act. READ | What is Special Marriage Act, all you need to know Section 2 of the 1937 Act states that the rule of decision in cases where the parties are Muslims will be the Muslim Personal Law, on the question of succession, marriage, …

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

Explained | Challenging the Special Marriage Act, 1954
2 years, 4 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 …

Inter-Faith Couple Wrongly Advised To Marry In Temple, Seeks Time To Register Under Special Marriage Act: MP High Court Stays Kidnapping FIR
2 years, 8 months ago

Inter-Faith Couple Wrongly Advised To Marry In Temple, Seeks Time To Register Under Special Marriage Act: MP High Court Stays Kidnapping FIR

Live Law  

The Madhya Pradesh High Court recently granted relief to an inter-faith couple in the form of protection from their parents and the society. Hearing the Writ Petition, Justice Nandita Dubey directed- Respondents No.3 to 6 are directed not to take any action against the petitioners on the basis of the FIR lodged by the relatives of petitioner No.1. Further they …

Can children from first marriage challenge validity of second under Special Marriage Act? SC agrees to examine
3 years, 6 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 …

Inter-Faith Marriage- Gujarat HC Directs Police To Escort Woman To Ahmedabad To Register Marriage, Questions Police For Calling Her To Police Station After Sunset
3 years, 10 months ago

Inter-Faith Marriage- Gujarat HC Directs Police To Escort Woman To Ahmedabad To Register Marriage, Questions Police For Calling Her To Police Station After Sunset

Live Law  

The Gujarat High Court on Monday asked the Gujarat Police to ensure that a Lok Rakshak Dal woman be provided safe passage from the Junagadh academy to Ahmedabad so that she could solemnise her marriage with a Muslim Man under the Special Marriages Act. The Bench of Justice Sonia Gokani and Justice Sangeeta K. Vishen was hearing the Habeas Corpus …

SC: Society must learn to accept intercaste, interfaith marriages
3 years, 11 months ago

SC: Society must learn to accept intercaste, interfaith marriages

Hindustan Times  

The Supreme Court on Monday underscored the right of the adults to choose their life partner, and added that it is time society learns to accept inter-caste and inter-faith marriages without hounding the couples. HT Image A Supreme Court bench of justices Sanjay Kishan Kaul and Hrishikesh Roy futher noted that it would “hardly be a desirable social exercise” for …

India’s Supreme Court accepts pleas by activists challenging new law that targets interfaith couples
4 years ago

India’s Supreme Court accepts pleas by activists challenging new law that targets interfaith couples

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy India’s top court on Wednesday …

Parley | Has the Special Marriage Act failed to protect inter-faith couples?
4 years 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, 2 months 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, 2 months 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 …

Delhi HC seeks Centre's stand on pleas by 2 same-sex couples seeking recognition of marriage
4 years, 2 months ago

Delhi HC seeks Centre's stand on pleas by 2 same-sex couples seeking recognition of marriage

India TV News  

The Delhi High Court Wednesday sought the Centre's response on separate pleas by two same sex couples, one seeking to get married under the Special Marriage Act and the other seeking registration of their wedding in the US under the Foreign Marriage Act. A bench of justices R S Endlaw and Asha Menon issued notice to the Centre and the …

Delhi HC seeks Centre's response on pleas seeking marriage equality for same-sex couples
4 years, 2 months ago

Delhi HC seeks Centre's response on pleas seeking marriage equality for same-sex couples

Firstpost  

A bench of Justices Rajiv Sahai Endlaw and Asha Menon issued notices to the authorities and posted the matter for further hearing on 8 January New Delhi: The Delhi High Court Wednesday sought the Centre’s response on separate pleas by two same sex couples, one seeking to get married under the Special Marriage Act and the other seeking registration of …

Interfaith pair seek removal of objection provision in Special Marriage Act
4 years, 3 months ago

Interfaith pair seek removal of objection provision in Special Marriage Act

The Hindu  

The Delhi High Court on Wednesday sought a response from the Union government on a petition by an interfaith couple seeking to do away with the provision of inviting objection from public while applying for marriage registration under the Special Marriage Act. The question with regard to whether either party had a living spouse could arise in other religious marriage …

Inter-faith Couple Moves HC to Do Away with 'Unconstitutional' 30-day Notice Under Special Marriage Act
4 years, 3 months ago

Inter-faith Couple Moves HC to Do Away with 'Unconstitutional' 30-day Notice Under Special Marriage Act

News 18  

New Delhi: A plea has been moved in the Delhi High Court by an inter-faith couple challenging the provision of issuing a public notice to invite objections to marriages under the Special Marriage Act. The petition contended that some of the objections, like unsoundness of mind of either party or they not having attained the age of marriage, that can …

Supreme Court Notice on Plea against Public Notice under Special Marriage Act
4 years, 3 months ago

Supreme Court Notice on Plea against Public Notice under Special Marriage Act

News 18  

The Supreme Court on Wednesday issued notice on a plea against the 30-day public notice to furnish details of couples who intend to marry under the Special Marriage Act. “Publishing details of notice of marriage by the Marriage Officers include the details of the parties like names, date of birth, age, occupation, parents’ names and details, address, pin code, identity …

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 …

Plea in Supreme Court says secular marriage law violates privacy to marry
4 years, 4 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. …

Inter-Religious Marriages : Following Complaints Of Misuse, Kerala Govt Stops Publication Of Notice Of Marriage In Website
4 years, 5 months ago

Inter-Religious Marriages : Following Complaints Of Misuse, Kerala Govt Stops Publication Of Notice Of Marriage In Website

Live Law  

The Kerala Government has issued a circular prohibiting the prevailing practice of uploading of 'notices of intended marriage' under Special Marriage Act in the website of Registration Department.The move is on account of many complaints received by the Government that this facility is being misused by some groups for communal propaganda. The Kerala Government has issued a circular prohibiting the …

Attitudes on inter-faith marriage must change
5 years, 3 months ago

Attitudes on inter-faith marriage must change

Deccan Chronicle  

Last week, the Supreme Court heard a case of an inter-faith marriage from Chhattisgarh in which a Muslim man purportedly converted to Hinduism to marry a Hindu woman but retained his Muslim name on the marriage certificate. Mishra stated, “We are not against inter-caste or inter-faith marriages — but what if the husband leaves the woman after some time?” One …

Inter Religious Marriage: SC Asks Boy To File Affidavit Indicating His Bonafides [Read Order]
5 years, 3 months ago

Inter Religious Marriage: SC Asks Boy To File Affidavit Indicating His Bonafides [Read Order]

Live Law  

The Supreme Court has asked a boy who had converted to Hinduism to marry a 'Hindu' Girl to file an affidavit 'indicating his bonafides' and 'with respect to the future in order to secure the interest of the girl'. This led to her husband filing a habeas corpus petition in the High Court in July 2018 for her release. In …

Woman Moves Delhi HC Against 30-Day Notice Period For Marriage Registration Under Special Marriage Act
5 years, 8 months ago

Woman Moves Delhi HC Against 30-Day Notice Period For Marriage Registration Under Special Marriage Act

Live Law  

The Delhi High Court has directed the Sub-Divisional Magistrate to solemnize the marriage of an inter-faith couple after the woman belonging to the Muslim faith knocked at its doors aggrieved by the mandatory 30-day notice period for inviting objections before a marriage could be registered under Special Marriage Act, 1954. The NGO and the woman sought quashing of the procedure …

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