Author: S. Madu Mithra, Student at Sastra Deemed University, Tanjore
The SPECIAL Marriage Act of 1954 gives marriage a special legal basis. People involved in such marriages may belong to any caste or religion. This brings a breaking point to the inter-caste marriage system in most parts of India. Weddings in India are deeply related to its cultural and traditional rules and practices. Marriages can be sacred in the Indian marriage system. India has its laws regarding marriage, divorce, partition, inheritance, custody, and maintenance. The entire body of laws was known as the INDIAN FAMILY ACT. On the other hand, this article also focuses on the legal system of marriage that takes place under the Special Marriage Act of 1954. It has become extremely common in many parts of the country. It simply means entering a marriage under the correct legal system and registering it according to the applicable laws governing such a system. The Special Marriage Act, of 1954 opposes the existing personal laws in India. One is governed by laws such as Hindu laws, Christian laws, Muslim laws, and Parsi laws for which marriage proceedings are mentioned in the Hindu Marriage Act 1955, Indian Christian Marriage Act 1872, Muslim Marriage Act in India, and Parsi Marriage Act 1936. If a person marries, a Special Marriage Act 1954 – Act according to such a person is practically in violation of its laws. Generalis Specialibus non Derogantand quot; which means that special laws have authority over general laws. While the personal law applies to people belonging to a particular religion, the special marriage law applies to the whole of India. The author critically analyzed the Special Marriage Act of 1954 and the legal marriage system prevailing in it.
Keywords: personal law, special laws, family law in India, Hindu Marriage Act 1955, Indian Christian Marriage Act 1872, Muslim Marriage Act in India, Parsi Marriage Act 1936.