Special Marriage Act

A marriage by an Indian with a foreigner is governed by the Foreign Marriage Act. The Act was first enacted in 1903 at the time of British rule, and remained in force for over six decades.

In 1969, the Foreign Marriage Act was revised on the pattern of the Special Marriage Act, 1954. The new Foreign Marriage Act established that a marriage may be solemnized in a foreign country between an Indian and a foreigner as well as two Indians, regardless of their religion or personal laws. The act also empowers the Government of India to appoint marriage officers in foreign nations, from amongst its consular and diplomatic and staff in the respective nations.

The Special Marriage Act, 1954 provides legal recognition to inter-faith marriages in India. However, a problem arises in determining rightful ownership of such couples’ properties in case of succession.

The subject of inheritance is dealt exclusively by the personal and family laws of the different religions in India. This poses a dilemma of determining which law of succession to consider for a child born out of a marriage registered under the Special Marriage Act.

A Hindu marriage is considered as a sacrament, one that is solemnized by the chanting of sacred mantras and the ceremony of the saptapadi, which means taking seven steps together around the sacrificial fire. The concept of divorce is not part of traditional Hindu perspective on marriage but nevertheless, divorce is attainable under Hindu law.

Needless to say, inter-faith marriages are largely looked down across the nation, by Hindus and Muslims alike. The main issue with a Hindu-Muslim marriage is not about people’s personal distaste towards it, but the legal ramifications pertaining to it. Both the Hindu and Islamic Marriage Acts have labeled marriage to someone from the opposite religion as void.