Process of Special Marriage Act-1954 :
Following the accommodation of reports of the issuance of notice of expected marriage, proximity of the two groups is necessary for the solemnization of marriage (Court marriage). The Marriage Officer has posted a duplicate copy of the notification on the notice board at work. Any individual may file a complaint with the anticipated relational unions within 30 days of receiving notice and an M-card declaration. In this situation, the Marriage Officer shall not perform the marriage ceremony (between 9.30 and 1 pm) until he has selected the complaint, which shall occur within 30 days of the complaint's receipt
Any of the parties may m-card-authentication an interest to the District Court within 30 days if the Marriage Officer declines to solemnize the marriage. After 30 days of notice, the Marriage Officer solemnizes the marriage if no objection is received. On the day of the marriage ceremony, both parties as well as three witnesses must be present. It is wise to provide the names of observers at least one day in advance, with a legal advisor serving as one of them.The Special Marriage Act, 1954 was enacted to provide a legal framework for the solemnization of marriages between individuals belonging to different religions, castes, or communities in India. Here are some key points about the act:
1. Scope and Applicability: he act applies to the whole of India except for the state of Jammu and Kashmir. It allows any two individuals, irrespective of their religion, caste, or creed, to solemnize their marriage under its provisions.
2. Marriage Officer: Under the act, the marriage is solemnized before a Marriage Officer appointed by the government. This officer can be a District Magistrate, Additional District Magistrate, Collector, Sub-Divisional Magistrate, or any other officer appointed by the state government to be a Marriage Officer for the district.
3. Legal Implications: Marriages solemnized under the Special Marriage Act are considered civil marriages. They are governed by the provisions of the act and are subject to the same legal rights and obligations as marriages solemnized under other personal laws in India. The Special Marriage Act, 1954, thus provides a legal mechanism for individuals to marry outside the traditional confines of religious or community customs, promoting the principles of secularism and individual choice in matters of marriage.
4. Challenges: Despite legal provisions, inter-religion marriages in India can face various challenges due to social and familial pressures, religious differences, and cultural norms. There may be resistance from family members, community leaders, or religious authorities against such marriages.
5.Social Stigma: In some parts of India, inter-religion marriages are still stigmatized, and couples may face social ostracism or discrimination. This stigma can affect various aspects of the couples' lives, including relationships with their families, communities, and access to social support networks.