Neil Paul 07 July 2021

Special Marriage Act (Divorce)

Greetings to all the Respected Advocates,

I have a query regarding Special Marriage Act. I have a friend who is Christian and last year during the Covid-19 pandemic he got married to his girlfriend who belongs to a Muslim Family. Despite of all the objections from both the families they took it upon themselves to beat it. But things haven't changed a bit in their lives as both are disliked by the other's family members and regardless of what they do they are not treated as a part of their families and hence cannot even enjoy their basic festivals and other part takings of the families. At this point they realise that it wasn't what they wanted and my friend wants to know what are the grounds of divorce in such a marriage because both religions do not have a common ground to do so and the worst case scenarios haven't been a part of their relationship. Just to know beforehand, if either family asks them to divorce what should they do legally and how will it be upheld by both the religious communities.

Thanks in Advance for your guidance.

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4 Replies

Dr J C Vashista (Advocate) 08 July 2021

Section 27 of Special Marriage Act, 1954 may be referred by the party /their friend /counsel

Kevin Moses Paul 13 July 2021

As per your query, let me share a small history of the Muslim-Christian interreligious mariages. Islam permits marriage between Muslim men and women who are People of the Book (Jews and Christians); in the case of a Muslim-Christian marriage, which is to be contracted only after permission from the Christian party, the Christian spouse is not to be prevented from attending church for prayer and worship, according to the Ashtiname of Muhammad, a treaty between Muslims and Christians recorded between Muhammad and Saint Catherine's Monastery.

One of the acts that became a part of Indian Legal System is the Special Marriages Act (i.e. SMA), which came in year 1954. The SMA contains provision for civil marriage (i.e. "registered marriage") for people of India within India or in any foreign country, irrespective of the religion or faith followed by either party.

As the name suggests, the Act is really special as it allows and provides legal provisions for registered marriages between everyone irrespective of the religion of the spouses. The act is applicable to each and every individual person be it a Hindu, Muslim, Christian, Sikh, Parsi, Jew etc all can perform marriages under this very Act.
Section 4 of the Indian Christian Marriage Act, 1872 states that-
"Every marriage between Christians, including marriages even between parties where one of the spouse is of other religion, while other is Christian, however it should be solemnised according to the provisions of the Act else it shall be considered to be void".

Therefore, the marriage of your friend can be solemnised between him and his lover without an issue.

Hope It Helps

Regards
Kevin M. Paul

1 Like

Neil Paul 19 July 2021

Thanks a Lot Adv Kevin Moses Paul, I would also like to know the procedure as per the guidelines for Annulment that takes place according to the Catholic Faith in the Christian community as it is also one of the main criteria to be followed by the people of Faith and it cannot be expelled from the practice else will have consequences over my Friend's religious life, which is uttermost important at this point as everyone is attacking on the Basis of this criteria. I hope you understand. The rules and guidelines aren't much clear on websites, thou I have taken an appointment of the Archbishop for counsel but I would like to know the legal part as well.
Thanks a lot in advance!