After the marriage is performed the minister or priest enlists the marriage and issues a marriage certificate, thereby endorsing the marriage. Special marriage between foreigners under the special marriage act, 1872 and success of u. Act 15 of 1872 the indian christian marriage act, 1872 act 15 of 1872, was enacted on 18th day of july, 1872 to consolidate and amend the law relation to the solemnization in india of the marriages of christians. In 1872 act iii, 1872 was enacted but later it was found inadequate for certain desired reforms, and parliament enacted a new legislation. My ir1 immigrant visa was denied due to only issue regarding legality and validity of my marriage documents in bangladesh which i obtained from the. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special. The indian christian marriage act, 1872, says that all christian marriages will be solemnized under its provisions. The special marriage act 1872 josh and mak international. 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. 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. 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. Jul 07, 2017 special marriage act 1954 in hindi pdf. For such special license, the registrar of the diocese may charge such additional fee as said. Monday may 25, 2015 alethnien shaban 07, 1436 somavara jyaistha 04, 1937, at 09.
Agreement in restraint of trade void saving of agreement not to carry on. Now it is very important that every indian should know at least some of the basic things about the special marriage act. 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. No law or custom as to consanguinity shall prevent them from marrying, unless a relationship can be traced between the parties through some. In 1872, hs maine introduced act iii of 1872, which gave permission to dissenters to marry whoever they choose under new civil marriage law. 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. Guarantee on contract that creditor shall not act on it until cosurety joins. Mcqs on indian contract act 1872 with answers speak hr. Act, 1872 or under this act, may be registered under this chapter by a marriage officer in.
An act to provide a special form of marriage in certain cases, for the. What considerations and objects are lawful and what not. 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. Conditions upon which marriages under act may be celebrated 3. The majority actathe guardians and wards actathe maintenance orders enforcement actathe child marriage restraint actathe slavery act. The ind ian christian marriage act 1872 is obsolete in so far. Notice to be filed and copy entered in the marriage notice book 6. Under section 8 of the hindu marriage act 1954, there exists a provision for registration of marriages. Intercaste marriage is a marriage between people belonging to two different castes. Marriages solemnized under special marriage act are not governed by personal laws. Both bridegroom and bride must send all required materials as stated herein above to our email address marriage.
Bangladesh government has made provision of registration of marriages which came into force in april2012. This is a stepbystep procedure to apply in india for a special marriage act. Every person married under this act who, during the life time of his or her wife or husband, contracts any other marriage, shall be subject to the penalties provided in sections 494 and 495 of the penal code for the offence of marrying again during the lifetime of a husband or wife. Christian marriage and registration procedure in india introduction under the indian christian marriage act, 1872, christian marriages in india are performed by a minister or priest in a church. 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. Whereas it is expedient to provide a form of marriage for persons who do not profess the christian, jewish, hindu, muhammadan, parsi, buddhist, sikh or. The law relating to contract is governed by the indian contract act, 1872 act no. Preamblewhereas it is expedient to define and amend certain parts of the law relating to contracts. The special marriage act has designed a simple means of legally registering a marriage between two people of different religions, but even if both the concerned parties belong to the same religion, they may choose to register the marriage under this act.
Bangladeshi and foreigner can register their marriage in accordance with the special marriage act, 1872. Issuing certificate, or marrying, without publication of notice. What is the advantages of the special marriage act, 1872. The special marriage act, 1954 replaced the old act iii, 1872. We are not within the degrees of prohibited relationship. One of the parties to intend marriage to give notice to registrar 5. 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. Apr 16, 2015 when the marriage has been solemnized, the registrar shall enter a certificate thereof in a book to be kept by him for that purpose and to be called the marriage certificate book under act iii of 1872, in the form given in the third schedule to this act, and such certificate shall be signed by the parties to the marriage and the three witnesses. This act may be called the indian christian marriage act, 1872. The indian christian marriage act of 1872 is an act of the parliament of india regulating the.
Marriage and its registration under special marriage act. Full text containing the act, indian christian marriage act, 1872, with all the sections, schedules, short title, enactment date, and footnotes. Registration act, 1974 act no lii of 1974 and a marriage registrar appointed under the christian marriage act, 1872 act no. 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 original copy of aforesaid materials should be brought with bridegroom and bride at the time of registration of marriage to compare. 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. Power to set aside contract induced by undue influence. Asianlii databases burma code special marriage act 1872.
The indian contract act 1872 is a part of legal aspects of business lab. Documents checklist office of the special marriage registrar. Saving of marriages solemnized under special licence. The state government, so far as regards territories. Section 17 of this act has mentioned that the divorce act, 1869 shall apply to all marriages contracted under this act, and any such marriage may be declared null or dissolved in.
The act is based on the principles of english common law. Iii of 1872 22 nd march, 1872an act to provide a form of marriage in certain cases. The special marriage act, 1954 siff for mens rights. Agreement void where both parties are under mistake as to matter of fact. The preamble to the act says that it is an act to define and amend certain parts of the law relating to contract. Under the act a marriage must be in a common marriage shape. Transmission of certified copies of entries in marriage certificate book to the registrar general of births, deaths and marriages.
Interreligious marriage between muslim and hindu is recognized under special marriage act, 1872 in bangladesh. Under the special marriage act, any woman of any religion can marry or remarry without. It extends to the whole of india except the state of jammu and kashmir. There exists another law of divorce in bangladesh which is called the special marriage act, 1872. The officer so appointed shall be called registrar of marriages under act iii of 1872, and is hereinafter referred to as the registrar. 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.
Solemnizing without notice or within fourteen days after notice, marriage with minor. One of the parties to intended marriage to give notice to registrar 5. 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. The indian contract act, 1872 icai knowledge gateway. 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. When the marriage has been solemnized, the registrar shall enter a certificate thereof in a book to be kept by him for that purpose and to be called the marriage certificate book under act iii of 1872, in the form given in the third schedule to this act, and such certificate shall be signed by the parties to the marriage and the three witnesses. The indian christian marriage act, 1872 4 by, or in the presence of, a marriage registrar appointed under this act. The indian christian marriage act, 1872 with short notes. The indian contract act, 1872 prescribes the law relating to contracts in india and is the key act regulating indian contract law. Procedure for solemnization of marriage under the special marriage act, 1954 the district registrars and sub registrars are marriage officers as per the act. Penalty on married person marrying again under act.
Short title extend and commencement 1 this act may be called the special marriage act, 1954. Mcqs on indian contract act 1872 with answers is been discussed here. An act to consolidate and amend the law relating to the solemnization in india of the marriages of christians. Contract caused by mistake of one party as to matter of fact. Communication, acceptance and revocation of proposals. Marriages between bangladeshi and foreigner regardless of any religion. According to article 2 of muslim marriage law, 1974, marriage is legitimate, if it. The succession actathe administratorgeneralas actathe legal. Indian christian marriage act, 1872 bare acts law library. 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 the commencement of this act are hereby repealed. The special marriage act deals with inter caste and interreligion marriages. Whereas it is expedient to consolidate and amend the law relating to the solemnization. Special marriage act 1954 history, scope, requirement.
In 1954 parliament enacted special marriage act,1954 to provide for registration and validation of special form of marriage in india. The indian contract act, 1872 codifies the legal principles that govern such contracts. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals in foreign countries, irrespective of the religion or faith followed by either party. For the purpose of proving age of a male or female who is in marriage or intends to contract a marriage, the birth. Provided that nothing contained in this act shall apply to the renoncants of the union territory of pondicherry state amendment. The special marriage actathe married womenas property act. When the marriage has been solemnized, the registrar shall enter a certificate there of in a book to be kept by him for that purpose and to be clled the marriage certificate book under act iii of 1872, in the form given in the third schedule to this act, and such certificate shall be signed by the parties to the marriage and the three. 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. The indian christian marriage act, 1872 15 of 1872 014 18th july, 1872 an act to consolidate and amend the law relating to the solemnization in india of the marriages of christians. Marriages may be celebrated under this act between persons. The ind ian christian marriage act 1872 is obsolete in so far as it makes a. The special marriage act,1872 in bangladesh special marriage an act to give a form of marriage in certain cases. A marriage registration form is a document that is essential to register marriage under hindu marriage act or special marriage act across india. Be it enacted by parliament in the fifth year of the republic of india as follows.
Iii of 1872 and the hindu marriage registration act, 2012 act no. Is marriages registered under the special marriage act, 1872 valid marriage. The special marriage act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. 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, bailment, pledge, quasi contracts, contingent contracts etc. This act may be called the indian contract act, 1872. The indian christian marriage act, 1872 15 of 1872 014 18th july, 1872. 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. Christian marriage and registration procedure in india. Under the special marriage act, 1954 any two peoples can play out a marriage. The entomb religious or bury shared relational unions are conceivable in india just under the special marriage a ct, 1954. Since the passing of the hindu marriage act, various suggestions for amending the same as well as the special marriage act, 1954, were received from some members of parliament and the general public. 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, and for persons who profess the hindu, buddhist, sikh or jaina religion and to legalize certain marriages the validity of which is doubtful. Mar 10, 2015 1 the special marriage act, 1872 act no. Procedure for solemnization of marriage under the special.
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