As the name suggests, Special Marriage Act is a ‘Special’ legislation in India, which enable a special form of marriage for couples following different religions, or desiring a civil form of marriage.
The Act allows solemnization and registration of marriages which couldn’t be solemnized under the various religious customs. For example, two Indian citizens having different religions can get married under this Act.
An Indian citizen and his/ her foreign national partner can also get married under the Act. Even two foreign nationals can get their marriage solemnized and registered under the said Act as observed by the Delhi High Court in a recent judgment in the case of Bhumika Mohan Jaisinghani and Anr. v/s Registrar of Marriage and Ors.
Accordingly provisions of Special Marriage Act, 1954 cannot be invoked for solemnization and registration of marriage by a Hindu couple.