Special Marriage Act 1954

 The original Special Marriage Act was enacted in 1872,  enacted following a campaign launched in 1860  by Brahmo Samaj, especially Keshab Chandra Sen, for simpler marriage ceremonies.

    But had one problem: it required two people of different faiths who wish to get married must renounce their respective religions.

 SMA 1954  replaced SMA 1872 and requirement to renounce religion was removed.

SMA 1954 provisions and issues:

  • Those going for an interfaith marriage, as well as others, could register under the SMA.
  • A religion's personal laws won't apply on persons with marriage registered under SMA.
  • Gave the right to divorce by mutual consent
  • Section 29 of the SMA, cannot file divorce within 1 year of marriage except in extreme hardships. If marriages are civil contract, and if the married couple thinks they are incompatible and can't live together, then the restriction is meaningless. 

    • SMA is often used when people are going abroad. For two Hindus married under the Hindu Marriage  act, the certificate used to be called Memorandum of Marriage, which was not recognized by some countries while issuing visa.

    Earlier, under the Indian Divorce Act, applicable to Christians, mutual consent was not available. Only registering one’s marriage under the SMA gave them the right to divorce by mutual consent, so  they would be advised to register their marriage under the SMA. It was also used for inter-religious marriages.

    Goal should be to ensure two individuals lives happily together, not merely just saving marriage. It is better to gracefully walk out of painful marriage than sustaining the marriage.

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