- The Madhya Pradesh High Court’s ruling, denying protection to a couple because a marriage between a Muslim man and a Hindu woman is invalid even if registered under the Special Marriage Act (SMA), 1954, showcases a severe misunderstanding of the law.
Special Marriage Act
Section 4: Conditions Relating to Solemnization of Special Marriages
- Marriage must be between any two persons regardless of their religion or faith.
- Both parties must be of a valid age (the groom must be at least 21 years old, and the bride must be at least 18 years old).
- Neither party should have a spouse living.
- The parties should not be within the degrees of prohibited relationship unless the custom governing at least one of the parties permits such a marriage.
- The judge incorrectly used Muslim law, concluding a Muslim cannot marry an “idolatress or fire-worshipper.”
- SMA allows inter-faith couples to marry without religious rituals.
- The judge’s question on inter-faith marriage validity under Muslim law is irrelevant for police protection.
- Despite the counsel’s argument, the judge focused on Muslim law instead of SMA.
- The judge misinterpreted the SMA’s clause on prohibited relationships.
- The judgment wrongly implies personal law affects SMA validity, meant only to prevent misuse for prohibited relationships.
- The court imposed religious personal law on a secular marriage option.
- This ruling undermines the SMA, hampers a uniform civil code, and privileges Muslim personal law over secular law.
- It may drive people to convert religions to marry.
- Comparison of Special Marriage Act, 1954 and Hindu Marriage Act, 1955
| Feature | Special Marriage Act, 1954 | Hindu Marriage Act, 1955 |
| Applicability | All Indian citizens, irrespective of religion | Hindus, Buddhists, Jains, Sikhs |
| Marriage Type | Inter-faith, inter-caste, secular | Within Hindu community, based on rituals |
| Notice Period | 30-day notice required | No mandatory notice period |
| Registration Requirement | Mandatory | Optional but recommended |
| Solemnization Procedure | The Marriage Officer, with three witnesses | According to Hindu rites and rituals |
| Conditions for Marriage | Groom 21, bride 18; no living spouse; not within prohibited relationships | Groom 21, bride 18; no living spouse; not within prohibited relationships |
| Divorce Grounds | Adultery, desertion, cruelty, mutual consent, incurable diseases | Adultery, desertion, cruelty, conversion, mutual consent, mental disorder |
| Succession Law | Governed by the Indian Succession Act, of 1925 | Governed by the Hindu Succession Act, of 1956 |
| Judicial Separation | Available | Available |
| Annulment and Restitution | Provisions included | Provisions included |
Dig Deeper: Read about the Supriya Chakraborty v Union of India judgement.
