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Arya Samaj Mandir In Gujrat,

The Special Marriage Act, 1954, aims to provide for a special form of marriage, its registration and for divorce. A marriage between any two persons belonging to any religion or creed may be solemnised under this Act if at the time of the marriage the male has completed 21 years and the female 18 and provided the parties are not within the degrees of prohibited relationship.

Section 6 requires the Marriage Officer to make copies of all notices open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same, and to publish every notice by affixing a copy at some conspicuous place in his office. If either of the parties to an intended marriage is not a permanent resident in the district in which the notice has been given, then the Marriage Officer of that district has to send the notice to the Marriage Officer of the district in which the parties may have permanent residence, and that officer, in turn, has to publicize it.

These provisions are open invitations to those who object to the marriage to harass the couple to be married and even force them to retract from their intended marriage. The beneficiaries of the Special Marriage Act have demanded that the provisions of a month’s gap be annulled, but their plea has not been heard so far.

Section 7 enables any person, before the expiry of 30 days from the date on which such a notice has been published, to object to the marriage on the grounds that it will contravene one or more of the conditions specified in Section 4 (described below).

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Section 8 requires the Marriage Officer to inquire into the objection and satisfy himself that it does not prevent the solemnisation of the marriage. If the objection is upheld within 30 days, either party to the intended marriage can appeal to the district court, whose decision shall be final.

The conditions specified in Section 4 are reasonable: that neither party has a spouse living; that neither is incapable of giving a valid consent to marriage in consequence of unsoundness of mind; that they have fulfilled the minimum age requirements for marriage; and that they are not within the degrees of prohibited relationship. Yet, the fact that similar conditions are not applicable to marriages held outside the purview of the Act makes one wonder whether they are just.

“The Special Marriage Act was enacted to enable a special form of marriage for any Indian national professing different faiths or desiring a civil form of marriage. The unwarranted disclosure of matrimonial plans by two adults entitled to solemnize it may, in certain situations, jeopardize the marriage itself. In certain instances it may even endanger the life or limb of one or the other party due to parental interference. In such circumstances, if such a procedure is being adopted by the authorities, it is completely whimsical and without authority of law.”

Arya Samaj Mandir In Gujrat.