Index 

1. What Is The Special Marriage Act, 1954?
2. What Is The Right That Protects Inter Caste Couples ?
3. How Does The Act Address Polygamy And Consent?
4. What Is The Process For Giving Written Notice?
5. Can Someone Object To The Marriage?
6. What Are The Minimum Age Requirements?
7. How Do You Register A Marriage Under The Special Marriage Act?
8. What Documents Do You Need To Register A Marriage Under The Special Marriage Act?
9. What Is An Intimation Letter?
10. Why Inform Authorities And Family About Your Marriage?
11. Who Should You Notify About Your Marriage for Maximum Protection?
12. What Are The Rights Of Children Born To Inter Caste Couples? 
13. What Are The Legal Documents Required For Choosing Caste For A Child Of Interest Caste Couples?
14. What Are The Divorce Regulations For Inter Caste Couples? 

What Is The Special Marriage Act, 1954?

The Special Marriage Act of 1954 lets couples marry without worrying about religion or caste. This law allows adults from any background or nationality to have a court marriage. It gives you the freedom to choose your partner and start a life together, regardless of social differences. Section 16 of the Act outlines the steps for registering a marriage. The special Marriage Act, is for couples belonging to different castes and religions. 

What Is The Right That Protects Inter Caste Couples ?

The Supreme Court of India consistently supports the right to marry under Article 21 of the Constitution, which protects life and personal liberty. This means every individual has the freedom to choose their partner and marry them. The Court has ruled that this right is an essential part of personal freedom, ensuring that people can marry without undue interference from the state or society. The protection extends to marriages across different religions, castes, and nationalities, reinforcing the idea that personal choice in marriage is a fundamental right.

How Does The Act Address Polygamy And Consent?

The Act forbids polygamy and declares a marriage null and void if either party had a living spouse at the time of marriage. It also voids the marriage if either party is incapable of giving valid consent due to unsoundness of mind.

What Is The Process For Giving Written Notice?

Section 5 of the Act states that the couple must give written notice to the Marriage Officer of the District. At least one of the parties must have lived in the district for at least 30 days before the date of this notice.

 

Can Someone Object To The Marriage?

Section 7 of the Act allows anyone to object to the marriage within 30 days from the date the notice is published.

What Are The Minimum Age Requirements?

The minimum age for marriage under the Act is 21 years for males and 18 years for females.

How Do You Register A Marriage Under The Special Marriage Act?

1. Submit Notice: Fill out and submit a “Notice of Intended Marriage” to the Marriage Registrar in the district where at least one of you has lived for at least 30 days.
2. Wait for Objections: The notice will be posted publicly for 30 days to allow for any objections from the community or family.
3. Address Objections: If there are any objections, you can address them with the Marriage Registrar.
4. Get Married: If no objections come up, you can have the marriage ceremony performed by a Marriage Officer at a designated marriage office.
5. Receive Certificate: After the ceremony, you’ll get a marriage certificate, which is important for legal purposes like applying for visas or jointly owning property.

What Documents Do You Need To Register A Marriage Under The Special Marriage Act?

1. A filled and signed “Notice of Intended Marriage” form by both partners.
2. Proof of date of birth for both partners (e.g., birth certificates, school leaving certificates, or passports).
3. Receipt of court fees payment.
4. Separate affidavits from the bride and groom stating they are not closely related by blood as defined by the SMA.
5. Two passport-sized photos for each partner, with some attested by an authorised officer.
6. Divorce decree, if previously married and divorced.
7. Death certificate of a deceased spouse, if applicable.

What Is An Intimation Letter? 

An intimation letter is a formal way to inform someone about an important decision or event.

Why Inform Authorities And Family About Your Marriage?

1. Informing your parents, the local police station, and the district superintendent of police about your marriage helps clear up any misunderstandings and confirms your union’s legitimacy.
2. This notification acts as proof of your legal marriage, which can be crucial if someone tries to file false complaints against you, helping to prevent potential threats.

Who Should You Notify About Your Marriage for Maximum Protection?

For best results, have a lawyer draft and send the notification letter. Here’s who to notify:

1. Parents: Officially inform them of your decision.
2. Local Police Station: Create an official record with law enforcement to ensure they are aware and can step in if needed.
3. District Superintendent of Police: Inform higher police authorities about your marriage.
4. Newspapers (Optional): Consider publishing the notice in local newspapers to create a public record, especially if you expect strong family opposition.

What Are The Rights Of Children Born To Inter Caste Couples? 

Here are some rights of children born to couples in intercaste marriages in India:

1. Children born to spouses married under the Special Marriage Act (SMA) of 1954 are legally recognized as legitimate.
2. In 2012, the Supreme Court ruled that children born to a scheduled caste or scheduled tribe mother cannot be denied the benefits of affirmative action or reservation based on their father’s caste.
3. Children born to inter caste couples where one of the parents belong to SC/ST is to experience the benefits and programmes from the government. 
4. There may be a presumption that a child born to parents of different castes has the father’s caste, especially if the father is from a forward caste. A child is honoured with the freedom to choose their own caste.
5. The Hindu Succession Act, 1956 ensures that children, regardless of their caste, have equal rights to inherit the property of their parents.
6. The Indian Succession Act, 1925 provides a uniform set of rules for inheritance, ensuring that children have the right to inherit property from their parents, irrespective of caste.
7. For Muslims, inheritance is governed by Muslim personal laws, which ensure that children, including those from inter-caste marriages, are entitled to inherit property according to specified shares.
8. Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
9. Article 17: Abolishes “untouchability” and forbids its practice in any form.
10. Article 16: Guarantees equality of opportunity in matters of public employment and prevents discrimination based on caste.
11. Protection of Civil Rights Act, 1955: This Act reinforces the abolition of untouchability and penalises any form of discrimination based on caste.
12. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Provides stringent measures to counter and prevent atrocities against members of SC and ST communities.

 

What Are The Legal Documents Required For Choosing Caste For A Child Of Interest Caste Couples?

1. Caste Certificate: To avail of benefits such as reservations or affirmative action, a caste certificate is required. This certificate is issued by the state government and serves as proof of one’s caste.
2. Submission of an application form.
3. Affidavit stating the caste of the parents.
4. Copies of the parents’ caste certificates.
5. Birth certificate of the child.
6. Proof of residence.
7. School records, if applicable.
8. The specific procedures and required documents can vary by state.
9. Sometimes, additional documents such as a community certificate, an affidavit of the parents, or verification from local authorities may be needed.

What Are The Divorce Regulations For Inter Caste Couples? 

For inter-caste and inter-religion marriages, the Special Marriage Act, 1956, governs divorce laws. A contested divorce is based on grounds specified in different laws for various religions. The grounds for divorce under the Hindu Marriage Act, 1955  is 

1. Adultery
2. Cruelty
3. Desertion
4. Conversion to another religion
5. Mental disorder
6. Communicable diseases
7. Renunciation of the world
8. Not heard alive for seven years

Whereas, the divorce regulations for Muslims is mentioned in the the Dissolution of Muslim Marriage Act, 1939, where in a mutual divorce a Muslim women should observe an iddat. 

However, mutual consent divorce is simpler and preferable. In a mutual divorce, spouses agree on issues like maintenance and child custody.

Under Section 13B of the Hindu Marriage Act, a couple can file for mutual divorce after living apart for at least one year. They must jointly state that they cannot continue the marriage due to unavoidable circumstances. Both must agree to dissolve the marriage voluntarily.

The process begins with ‘the first motion,’ filed by both spouses. After six months, they can file for the ‘second motion.’ This period allows them to reconsider the marriage. A divorce decree can be issued before six months if all conditions are met. If the divorce petition is not withdrawn within eighteen months, the court grants the divorce. If one spouse withdraws, the court will investigate. Without mutual consent, the court cannot grant the divorce.