Section 4 of SMA : Section 4: Conditions Relating To Solemnization Of Special Marriages
The Special Marriage Act, 1954
Bare Act
- CHAPTER II: SOLEMNIZATION OF SPECIAL MARRIAGES
Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:
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neither party has a spouse living;
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neither party -
- is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
- though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
- has been subject to recurrent attacks of insanity;
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the male has completed the age of twenty-one years and the female the age of eighteen years;
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the parties are not within the degrees of prohibited relationship:
Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship;
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where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.
Explanation - In this section, "custom", in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family:
Provided that no such notification shall be issued in relation to the members of any tribe, community, group or family, unless the State Government is satisfied -
- that such rule has been continuously and uniformly observed for a long time among those members;
- that such rule is certain and not unreasonable or opposed to public policy; and
- that such rule, if applicable only to a family, has not been discontinued by the family.
Simplified Act
This law allows two people to get married under certain conditions, even if other laws about marriage exist. Here's what's needed for a legal marriage under this Act:
- Both people are single (not already married to someone else).
- Both people are mentally capable of agreeing to the marriage. Specifically, they must not be:
- Unable to understand what marriage means due to mental illness.
- Having a mental disorder that makes them unsuitable for marriage or having children.
- Prone to regular episodes of insanity.
- The man is at least 21 years old and the woman is at least 18 years old.
- They are not closely related in a way that would normally prevent marriage, but if their culture or tradition allows it, they can still marry.
- If the marriage takes place in Jammu and ...
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...