Difference Between the Hindu Marriage Act and the Special Marriage Act
The Hindu Marriage Act (HMA) and the Special Marriage Act (SMA). Both laws provide the framework for legal marriages. Here are some differences:
1. Applicability
Hindu Marriage Act (1955):
Applicability: This act is applicable to Hindus, Buddhists, Jains, and Sikhs. It governs marriages within these communities.
Religion: It is based on traditional Hindu customs and rituals.
Special Marriage Act (1954):
Applicability: This act is applicable to all citizens of India, irrespective of their religion. It allows for inter-religious marriages and provides a secular framework for marriage.
Religion: It does not require any religious ceremonies or rituals.
2. Marriage Registration and Solemnization
Hindu Marriage Act:
Registration: Marriages can be registered under the HMA after the traditional ceremonies are completed. Registration is not compulsory but provides legal proof of marriage.
Solemnization: It involves customary rites and ceremonies such as Saptapadi (taking seven steps around the sacred fire).
Special Marriage Act:
Registration: Marriage is both solemnized and registered under this act. Registration is compulsory and is done before a Marriage Officer.
Solemnization: It is a civil contract and does not require any religious ceremonies. The couple simply declares their intent to marry in front of a Marriage Officer and three witnesses.
3. Notice Period
Hindu Marriage Act:
Notice: No public notice is required for the solemnization of the marriage. The couple can marry according to their rituals and then register.
Special Marriage Act:
Notice: A public notice of 30 days is mandatory. The couple must give notice of their intention to marry to the Marriage Officer, who then publishes it, allowing for objections to be raised.
4. Age Requirement
Hindu Marriage Act:
Age: The minimum age for marriage is 21 years for males and 18 years for females.
Special Marriage Act:
Age: The same age requirements apply: 21 years for males and 18 years for females.
Notice Requirements: HMA does not require a public notice; SMA requires a 30-day notice.
Inheritance Laws: Different acts govern inheritance rights depending on whether the marriage is under HMA or SMA.
If you want to do court marriage, same-day marriage, instant marriage, or marriage registration, contact your advocate or contact the marriage office.
You may contact us at:
Court Marriage in Delhi (Law Sathi Consultation) Phone: +91 7617 414 414
Some common questions
How to get court marriage done?
You need to follow the prescribed procedure and fulfill certain legal requirements. Attach Documents, Verification of Documents, Publication of Notice. Solemnization of Marriage: Marriage will be solemnized at the office of the Marriage Officer in the presence of witnesses.
Can court marriage be done in one day?
Yes, you can go for Arya Samaj marriage, and after that, apply for marriage registration. Arya Samaj marriage takes two to three hours to complete. If someone says that court marriage can be done in one day, it is impossible because, as per the Special Marriage Act, everyone must follow the law. Everyone needs to follow the 30-day notice period, three witnesses, photo ID proofs, and address proofs.
What is the fee for court marriage?
Contact us at the lowest fee to learn the exact fee for court marriage in Delhi, India. The fees may cover different aspects of the court marriage process. Additionally, there may be additional charges for services like expedited processing or solemnization. Keep in mind that fees and service procedures are subject to change.
Court marriage documents list?
Here is a general list of documents commonly required for court marriage. Proof of identity, Proof of age, Residence proof, and Passport-sized photographs. If either party has been previously married, a copy of the former spouse’s divorce decree or death certificate should be provided.
Who can perform a court marriage?
A girl and a boy who are 18 and 21, and they are single at the time of marriage. Who follow court marriage laws and fulfill all the requirements.
