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.[]

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