Conditions To Be Fulfilled For A Valid Inter-Religious Marriage

Last updated on Jun 1, 2022

The following are the conditions you have to keep in mind at the time of marriage:1

  • Neither party has a living spouse.
  • Neither party:
    • is incapable of giving valid consent to the marriage in consequence of unsoundness of mind.
    • though capable of giving valid consent, has been suffering from mental disorder of such a kind that they are unfit for marriage and unfit to have children.
    • has been subject to recurrent attacks of insanity or epilepsy.
  • The male is at least twenty-one years of age and the female is at least eighteen years of age.
  • The parties are not within the degrees of prohibited relationship.

Marriages governed by customs

In cases where customs are involved for a person belonging to a tribe, community, group, or family, the State Government can make rules governing them and the solemnization of marriage. This is not needed in cases where:

  • Such customs have been continuously observed for a long time among the members.
  • Customs or rules are not against public policy.
  • The customs or rules are applicable only to a family and the family is still continuing the practice.

In cases where the marriage is solemnized in the State of Jammu and Kashmir both parties should be citizens of India living in the territories to which the Act extends.

 

  1. Section 4, The Special Marriage Act, 1954.[]

How useful was this post?

Click on a star to rate it!

Average rating 4 / 5. Vote count: 1

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Guide on Registration of Inter-religious Marriages

This guide summarizes the legal and procedural aspects of entering into an inter-religious (special) marriage,  including giving notice of the marriage, performing the marriage, and obtaining the marriage certificate.

What is the procedure for a marriage by a Marriage Registrar?

A marriage performed by a Marriage Registrar has multiple stages, including the issuing of notice, performance and registration of marriage.

What is the procedure for a marriage by a Licensed Minister of Religion?

A marriage performed by a Marriage Registrar has multiple stages, including the issuing of notice, performance and registration of marriage.

Process Of Registration of Inter-Religious Marriage Under The Act

The registration process for a Special Marriage involves giving notice to the Marriage Officer, signing a declaration, etc.

Who can get married under Christian Law?

Any two persons who are Christians can marry under Christian law. However, there are some minimum age requirements and prohibited marriages.

When and where can a Christian Marriage be performed?

A Christian marriage can only be performed between 6 AM and 7 PM in a church, private dwelling or in the presence of a marriage registrar.