Section 4 of SMA : Section 4: Conditions Relating To Solemnization Of Special Marriages

Explanation using Example

Imagine a couple, John and Priya, who come from different religious backgrounds. They want to get married without the traditional ceremonies of either religion. They decide to marry under the Special Marriage Act, 1954. Before proceeding, they check if they meet the requirements of Section 4:

• Both John and Priya confirm that they are single and have no living spouses from any previous marriage.
• They are both of sound mind, capable of giving consent, and do not suffer from any mental disorder that would make them unfit for marriage.
• John is 25 years old and Priya is 19, satisfying the age condition.
• They are not related in a way that would prohibit their marriage under the law. Although they come from different communities, there is no custom or law that forbids their union.
• Both are Indian citizens and residents of Mumbai, which is not in the state of Jammu and Kashmir, so the last condition does not apply to them.

Having met all the conditions, John and Priya are able to solemnize their marriage under the Special Marriage Act, which provides a legal framework for interfaith and civil marriages in India.