Interfaith Marriages In India: Legal Aspects & Solution

An Interfaith marriage is a marriage where the partners choose each other based on mutual affection, love, and emotional connection, irrespective of their religious faiths . In interfaith marriages, individuals often get to know each other personally and develop a romantic relationship before deciding to marry. These types of marriages are governed by Special Marriage Act, 1954 which is an important legislation in India that provides a legal framework for marriages between individuals of different religions, castes, or communities, without requiring either party to convert to the other’s religion. It applies to all Indian citizens, regardless of their religion, and ensures a secular form of marriage.

Goa and Uttarakhand are the only states in India that has a uniform civil code regardless of religion, gender, caste.

Who Can Get Married Under The Special Marriage law? 

Irrespective of  their religious faith , any two persons  can marry under the Special Marriage Act 1954 as long as mandatory conditions are fulfilled. However, the Act only provides for a marriage between a man and a woman, and has not yet expanded its scope to cover same-sex couples and transgender people.

Eligibility conditions  to marry under the Special Marriage Act

Age: The bride must be at least 18 years old, and the groom must be at least 21 years old.

Monogamy: Neither party should have a living spouse at the time of marriage. The Act does not allow polygamy.

Sound Mind: Both parties must be of sound mind and capable of giving valid consent to the marriage.

Prohibited Relationships: The couple should not be within the degrees of prohibited relationships (as defined under the law), unless permitted by their customs . ( For example you cannot marry to your real sister )

In some cases, despite your relationship being prohibited  by law, your custom might still permit a marriage with another person. In this case, you can get married because your custom allows you to do so.

Procedure for Marriage Registration Under Special Marriage Act 

Notice of Intended Marriage: The couple must give a written notice of their intention to marry to the Marriage Officer of the district where at least one of the parties has resided for at least 30 days before the notice.

Public Notice: After receiving the notice, the Marriage Officer displays it publicly for 30 days. This period allows any objections to be raised based on legal grounds (such as a pre-existing marriage or prohibited relationship).

Objections: If any objection is raised during the 30-day period, the Marriage Officer investigates and can refuse to solemnize the marriage if the objection is valid.. Learn more about Court Marriage Rules and Procedure in India.

In case an objection is filed: If an objection is filed then the marriage officer will record the objections in the marriage notice book and enquire the matter with full powers of civil court and make his decision within 30 days . If a marriage officer upholds the objection he will not register the marriage and if he finds that objection is unreasonable he will register the marriage and can impose a cost upto Rs 1000/- on objecting party . 

Solemnization: If no objections are received, the marriage is solemnized by the Marriage Officer in the presence of the couple and three witnesses. The couple must declare their consent to the marriage in a prescribed form.

Registration of Marriage:

After the marriage is solemnized, the Marriage Officer registers the marriage and issues a marriage certificate, which serves as legal proof of marriage. It’s important to connect with your lawyer for consultation to ensure all legal formalities are properly completed and your rights are fully protected.

Rights and Obligations:

Maintenance: Either spouse can seek maintenance from the other in case of separation or divorce.

Inheritance: The Special Marriage Act provides for inheritance rights of spouses and children from the marriage, similar to those under personal laws.

Divorce: The Act lays down the grounds for divorce, including adultery, cruelty, desertion, and mutual consent. For couples seeking to understand the timeline for legal separation, it’s crucial to know the minimum time to file divorce after marriage in India.

Applicability:

The Act applies not only to Indian citizens but also to Indian nationals residing abroad.

It allows people from different religions, as well as people who belong to the same religion but do not wish to marry under their personal law, to marry.

Important Aspects:

1. Secular Nature: The Special Marriage Act is distinct from personal laws, as it allows interfaith marriages without the need for religious conversion.
2. 30-Day Notice Period: While meant to prevent fraudulent marriages, the 30-day notice period can sometimes lead to societal backlash, harassment, or objections from families or communities, especially in cases of interfaith marriages.
3. Judicial Protections: Courts have often provided protection to couples facing threats or violence due to their decision to marry under this Act, asserting the fundamental right to marry freely.

Recent Developments

• The rise of love jihad theory  (a conspiracy theory alleging that Muslim men marry Hindu women to convert them to Islam) has added political tension to interfaith marriages. Some states have even enacted laws requiring scrutiny of interfaith marriages if religious conversion is involved.
• As some states passed, the law to prevent religious conversion through fraudulent means, including marriage. Under the new law, you have to inform the district magistrate of any intention to convert and they must then conduct their own inquiries to make sure there is no coercion or inducement.

Solutions and Recommendations

1. Legal Reforms:
There is an urgent need to reform the Special Marriage Act to make it more accessible and less intrusive. The 30-day notice period could be revised to protect the privacy of the couple, thereby reducing the risk of societal backlash. Additionally, simplifying the legal procedures and ensuring that interfaith marriages are not subjected to undue scrutiny can go a long way in supporting such unions.

2. Mediation and Counseling:
Premarital counseling and mediation can help interfaith couples navigate their differences and address potential conflicts. This could include counseling on legal rights, religious practices, and social integration, which would enable couples to make informed decisions.

3. Enhancing Social Awareness:
Promoting social acceptance of interfaith marriages through education, media, and public discourse is essential. Campaigns that highlight the importance of love and mutual respect across religious boundaries can help change societal perceptions. Educational institutions and media can play a pivotal role in fostering a more inclusive attitude.

4. Government and NGO Support:
The government, in collaboration with NGOs, can establish support systems for interfaith couples, providing them with legal aid, counseling, and protection from societal and familial threats. Such initiatives can empower couples to exercise their rights without fear.

FREQUENTLY ASKED QUESTIONS 

1. What is the Special Marriage Act (SMA), 1954?

The SMA is a law that provides a legal framework for the solemnization of marriages between individuals, irrespective of their religion, caste, or creed. It is designed for those who want a civil marriage, including interfaith couples.

2. Who can marry under the Special Marriage Act?

Any two individuals can marry under the SMA, provided:

• Both parties are of sound mind.
• Both have attained the legal marriageable age (21 for men and 18 for women).
• Neither party has a living spouse at the time of marriage.
• The parties are not within the prohibited degrees of relationship.

3. Is religious conversion required for interfaith marriages under the Special Marriage Act?

No, religious conversion is not required under the SMA. The Act allows individuals to retain their respective religious identities.

4. What is the process of registering an interfaith marriage under the SMA?

• Notice of Intended Marriage: The couple must give a written notice to the Marriage Registrar of the district where at least one of them has resided for at least 30 days prior to giving the notice.
• Public Notice & Objections: The notice is publicly displayed for 30 days, during which objections (if any) can be raised.
• Objections Handling: If no valid objections are raised within 30 days, the marriage can proceed. If objections are raised, the Marriage Registrar will investigate them.
• Marriage Registration: After 30 days, if no objections are sustained, the marriage is registered, and a marriage certificate is issued.

5. Is the public notice mandatory, and can it be avoided?

The SMA mandates a public notice, which has been a point of contention as it potentially invites societal pressure or harassment. However, as of now, the public notice cannot be entirely avoided under the SMA, although some court rulings have occasionally provided temporary relief on a case-by-case basis.

6. What documents are required for marriage under the SMA?

• Proof of age (birth certificate, passport, etc.)
• Address proof (Aadhar card, passport, etc.)
• Passport-sized photographs of both parties
• A notice of marriage in the prescribed form
• A declaration form affirming that the marriage meets all legal requirements
• Proof of residency (for at least 30 days)

7. Can a marriage solemnized under the SMA be converted to a religious marriage?

No, a marriage solemnized under the SMA is a civil marriage, and it cannot be converted into a religious marriage. However, couples can choose to have a religious ceremony alongside, but legally the marriage remains a civil one under the SMA.

8. What rights do couples married under the Special Marriage Act enjoy?

Couples married under the SMA enjoy all the rights that any legally married couple would have, including inheritance rights, legitimacy of children, and legal rights as a spouse.

9. What is the status of children born out of an interfaith marriage under the SMA?

Children born from a marriage solemnized under the SMA are considered legitimate and have full inheritance rights from both parents.

10.Can interfaith marriages under SMA be annulled or dissolved?

Yes, the SMA provides for both annulment and divorce under specific circumstances, such as:

• Non-consummation of marriage,
• Fraud or misrepresentation,
• Mental unsoundness,
• Desertion, cruelty, adultery, etc.

11. What is the impact of the Special Marriage Act on inheritance and property rights?

Under the SMA, the couple’s personal law (Hindu, Muslim, Christian, etc.) may govern inheritance and property rights. However, in many cases, couples may choose to adopt a secular will or follow the Indian Succession Act, 1925, to govern inheritance matters.

12.Is there a cooling-off period before the marriage is solemnized?

Yes, after the notice is submitted, a 30-day waiting period is required for the public notice and to allow any objections to be raised.

13. Can an NRI or a foreign national marry under the SMA?

Yes, a marriage under the SMA can involve an NRI (Non-Resident Indian) or a foreign national, as long as the eligibility criteria (age, soundness of mind, etc.) are fulfilled. However, additional paperwork, such as proof of stay in India for at least 30 days, may be required.

14. What happens if objections are raised during the 30-day notice period?

If objections are raised, the Marriage Registrar will investigate the validity of the objections. If the objections are found to be valid, the marriage may be delayed or refused. If the objections are invalid, the marriage will proceed.

15. Is it necessary to solemnize the marriage in the presence of a religious leader?

No, the marriage is purely civil and is solemnized in the presence of the Marriage Registrar and three witnesses. A religious leader’s presence is not required.

Conclusion

Interfaith marriages in India are a reflection of the country’s rich cultural diversity. While the legal system provides avenues for such unions, there are still significant hurdles to overcome. By implementing legal reforms, promoting social acceptance, and providing support mechanisms, India can ensure that interfaith marriages are celebrated as a union of love and harmony, rather than a source of conflict. If you’re facing challenges in navigating the complexities of interfaith marriage, it’s wise to consult Legal Crusader to help guide you through the legal intricacies and ensure your rights are protected.

In a society that values pluralism, it is imperative that we move towards a more inclusive legal and social framework that respects the choices of individuals and upholds the principles of equality and justice.