- The Special Marriage Act 1954 provide provisions of special form of marriage , registration, divorce.
-conditions for special marriage- neighther party has spouse living, incapable of giving valid consent due to unsound ness of mind, unfit for marriage & procreation of children, recurrent attacks of insanity/male completed 21 years & female 18 years, parties are not within prohibited relationship (proviso custom at least one party permits marriage between prohibited degree).
-For solemnization of special marriage 30 days publication of notice by Marriage Officer is mandatory .
-After expiration of 30 days from the date on which above notice has been published Marriage may be solemnized but within 3 calendar Months from the date of publication of above by Marriage Officer.
-Objection to above marriage may be taken within 30 days from publication of notice by marriage officer. Decision on objection shall be taken within 30 days. Aggrieved person within 30 days prefer Appeal to District Court within local limit of whose jurisdiction Marriage Officer has his office.
- Declaration in the specified form of parties & 3 witnesses in the presence of Marriage Officer is mandatory.
- Any person aggrieved by any order of refusing to register marriage may within 30 days from the date of order file appeal to District Court & decision on such appeal shall be final.
- Petition for - Restitution of conjugal rights , judicial separation , nullity of Marriage & divorce shall be presented before District Court ( not before civil judge senior division) in respect of marriage solemnized under Special Marriage Act. ( Peruse S.22 to 27 ).
- Divorce by Mutual Consent shall be presented before District Court ( Peruse S.28 ).
- Same procedure like petition under Hindu Marriage Act is provided in different sections of of Special Marriage Act . ( i.e. verification, in camera , duty of court in passing decree, alimony pendent lite, permanent alimony, maintenance, custody of children, enforcement of decree evidence etc. )
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The Indian Christian Marriage Act 1872 & The Divorce Act 1869....
- Solemnization in India of the marriages of Christian - requirements, rules, rites ceremonies, customs , registration, authority of solemnization of marriage, time/ place of marriage , notice of marriage, registration of marriage, oath before marriage certificate are embodied in the christian marriage act.
- Petition for dissolution of marriage, nullity of marriage, restitution of conjugal rights shall be presented before District Court. ( peruse S. 10,18, 19, 32 )
- Divorce by Mutual Consent shall be presented before District Court.
-Same procedure like petition under Hindu Marriage Act is provided in the said act in respect other remedies.
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The Parsi Marriage & Divorce Act 1936..
Provision relating to marriage & divorce among Paris are embodied in the said act.
- Matrimonial suits for nullity, dissolution, divorce , judicial separation, restitution of conjugal right shall be presented before District Court. ( S.18 to 35 )
- Suit for divorce by Mutual Consent shall be presented before District Court. ( S. 34 B )
- Same procedure like petition under Hindu Marriage Act is provided in the said act in respect of other remedies.
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The Foreign Marriage Act 1969..
An act make provision relating to marriage of citizens of India outside India
- Matrimonial Relief of Foreign Marriages- Chapter IV to VII of the Special Marriage Act 1954 shall apply in relation to marriage solemnized under the said act or marriage in foreign country between parties of whom 1 at least citizen of India .
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The Dissolution Of Muslim Marriage Act 1939...
An act make provision relating dissolution of marriage by Woman married under Muslim
Law & renunciation of Islam by married Muslim Woman on her marriage tie.
- A muslim woman may file suit - for decree for dissolution of marriage as grounds provided in S.2 of the said act.
- Renunciation of Islam by married muslim Woman or her conversion to a faith other than Islam shall not operate to dissolve her marriage S. 3 of the said act.
- Suit under the said act shall be presented / filled before Civil Judge Junior Division.
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