Iii of 1872 and the hindu marriage registration act, 2012 act no. The act originated from a piece of legislation proposed during the late 19th century. The special marriage act, 1954 replaced the old act iii, 1872. This act may be called the indian christian marriage act, 1872. The officer so appointed shall be called registrar of marriages under act iii of 1872, and is hereinafter referred to as the registrar. Whereas it is expedient to provide a form of marriage for persons who do not profess the christian, jewish, hindu, muslim, parsi, buddhist, sikh or jaina.
It extends to the whole of india except the state of jammu and kashmir. The law relating to contract is governed by the indian contract act, 1872 act no. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 iii of 1872, or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely. Before the enactment of indian christian marriage act, 1872 the law relating to solemnization in india of marriage of persons professing the christian religion was guided by two british acts, 14 and 15 vict. The indian contract act, 1872 codifies the legal principles that govern such contracts. Conditions upon which marriages under act may be celebrated 3. Our marriage was celebrated before the commencement of the special marriage act 1954 central act 43 of 1954 and according to the law custom us age having the force of low governing each of us relationship according to the act for said. Agreement in restraint of trade void saving of agreement not to carry on. Procedure for solemnization of marriage under the special. Powers of marriage officers in respect of inquiries. Procedure for solemnization of marriage under the special marriage act, 1954 the district registrars and sub registrars are marriage officers as per the act. The christian marriage act 1872 contains 88 sections in 8 parts and 4 schedules. Full text containing the act, indian christian marriage act, 1872, with all the sections, schedules, short title, enactment date, and footnotes. Iii of 1872 22 nd march, 1872 an act to provide a form of marriage in certain cases.
The special marriage act, 1954 is an act of the parliament of india enacted to provide a special. The act is based on the principles of english common law. Provided that nothing contained in this act shall apply to the renoncants of the union territory of pondicherry state amendment. All christian marriages in india are governed by the indian christian marriage act, 1872, which provides for the solemnization of marriage either by a minister or by a priest of the church. Issuing certificate, or marrying, without publication of notice.
Saving of marriages solemnized under special licence. Communication, acceptance and revocation of proposals. Short title extend and commencement 1 this act may be called the special marriage act, 1954. Before the enactment of indian christian marriage act, 1872 the law relating to solemnization in. Bangladeshi and foreigners marriage registration under the special marriage act 1872. The portion of territory for which any such officer is appointed shall be deemed his district. Iii of 1872 22 nd march, 1872an act to provide a form of marriage in certain cases. An act to provide a special form of marriage in certain cases, for the. A ccording to a r ticle 2 of muslim marriage law, 1974, marriage is legitimate, if it has performed in accordance with the religion. Solemnization of marriage under special marriage act, 1954 the special marriage act was enacted to provide a special form of marriage by any person in india and all indian nationals in foreign countries irrespective of the religion either party to the marriage may profess. This act may be called the indian contract act, 1872. Asianlii databases burma code special marriage act 1872. The special marriage act deals with inter caste and interreligion marriages.
In 1872 act iii, 1872 was enacted but later it was found inadequate for certain desired reforms, and parliament enacted a new legislation. The format of the form is important as it contain all the details of bride and groom, their residential address, name initials, contact details and more. This act consolidates the law related to the solemnizing of indian christian marriage. We are not within the degrees of prohibited relationship.
The government may employ one or more registrars beneath this act, either by name or as advantage any office for the time being, for any segment of the province focus to its organization. India of marriage of persons professing the christian religion was. No law or custom as to consanguinity shall prevent them from marrying, unless a relationship can be traced between the parties through some. Whereas it is expedient to provide a form of marriage for persons who do not profess the christian, jewish, hindu, muslim, parsi, buddhist, sikh or jaina religion. Act, 1872 or under this act, may be registered under this chapter by a marriage officer in. What is the advantages of the special marriage act, 1872. Preamblewhereas it is expedient to define and amend certain parts of the law relating to contracts. Be it enacted by parliament in the fifth year of the republic of india as follows. Marriages between bangladeshi and foreigner regardless of any religion. Third and the last is, you can renounce your respective faith and declare that none of the parties to the marriage profess any religion and thus come within the scheme of the special marriage act, 1872. Guarantee on contract that creditor shall not act on it until cosurety joins.
However, this involves both parties renouncing their respective religions. The preamble to the act says that it is an act to define and amend certain parts of the law relating to contract. One of the parties to intended marriage to give notice to registrar 4. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the 1 special marriage act, 1872, iii of 1872 or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely.
The special marriage act,1872 in bangladesh special marriage an act to give a form of marriage in certain cases. One of the parties to intend marriage to give notice to registrar 5. Notice to be filed and copy entered in the marriage notice book 6. The special marriage act extends to the whole of india except the state of jammu and kashmir and applies also to citizens of india domiciled in the territories to which. Marriages may be celebrated under this act between persons. One of the parties to intended marriage to give notice to registrar 5. Whereas it is convenient to afford a form of marriage for persons who do not admit the christian, jewish, hindu, muslim, parsi, buddhist, sikh or jaina religion, and for persons who allow the hindu, buddhist, sikh or jaina. The special marriage act, 1872 3 of 1872, and any law corresponding to the special marriage act, 1872 3 of 1872, in force in any part b state immediately before. The ind ian christian marriage act 1872 is obsolete in so far. The officer so fixed shall be called registrar of marriages in act iii of 1872, and is hereinafter referred to as the registrar. The indian christian marriage act, 1872 with short notes.
The indian christian marriage act 1872 provides that every marriage both parties to which are, or either party to which is, christian shall be solemnized in accordance with its provisions. The indian contract act, 1872 icai knowledge gateway. Intercaste marriage is a marriage between people belonging to two different castes. The indian contract act, 1872 prescribes the law relating to contracts in india and is the key act regulating indian contract law. The special marriage act 1872 josh and mak international. Documents checklist office of the special marriage. The indian christian marriage act, 1872, says that all christian marriages will be solemnized under its provisions. The act basically identifies the ingredients of a legally enforceable valid contract in addition to dealing with certain special type of contractual relationships like indemnity, guarantee. Now it is very important that every indian should know at least some of the basic things about the special marriage act. It determines the circumstances in which promises made by the parties to a contract shall be legally binding. Solemnizing without notice or within fourteen days after notice, marriage with minor. The indian christian marriage act, 1872 15 of 1872 014 18th july, 1872. Marriages solemnized under special marriage act are not governed by personal laws.
Monday may 25, 2015 alethnien shaban 07, 1436 somavara jyaistha 04, 1937, at 09. For the purpose of proving age of a male or female who is in marriage or intends to contract a marriage, the birth. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely 20. A marriage registration form is a document that is essential to register marriage under hindu marriage act or special marriage act across india. Both bridegroom and bride must send all required materials as stated herein above to our email address marriage. The indian christian marriage act of 1872 is an act of the parliament of india regulating the legal marriage of indian christians. Under section 8 of the hindu marriage act 1954, there exists a provision for registration of marriages.
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