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What makes a marriage valid under the Special Marriage Act?

What makes a marriage valid under the Special Marriage Act?

The basic requirement for a valid marriage under this Act is the consent of both the parties to the marriage. If both the parties are ready to marry each other, that suffices it; here caste, religion, race, etc. cannot and do not act as a hindrance to their union.

Which is the most important criteria for a properly solemnized marriage?

And when it comes to marriage, it is considered the most important criteria for a properly solemnized marriage. Parents select the prospective bride/groom for their children from the same caste as theirs. Inter-caste marriage is still considered a taboo in many places in our country.

Is the Special Marriage Act applicable to Indians living abroad?

This Act extends not only to the Indian citizens belonging to different castes and religions but also to the Indian nationals living abroad. As Indians believe in marriages with proper rituals, customs and ceremonies involving pomp and show & extravagant celebrations, the Special Marriage Act does not require any of them.

Which is the most important criteria for marriage in India?

And when it comes to marriage, it is considered the most important criteria for a properly solemnized marriage. Parents select the prospective bride/groom for their children from the same caste as theirs. Inter-caste marriage is still considered a taboo in many places in our country. India follows a very rigid structure of the caste system.

What are the requirements for a legal marriage?

Mental capacity: Both people must have the mental capacity to enter into a contract. If either person can’t or doesn’t understand what it means to be married because of mental illness, drugs or alcohol, or other issues that affect judgment, then that person lacks the mental capacity to consent to the marriage.

How does marriage affect your legal and financial status?

Depending on your jurisdiction, courts may consider property acquired before marriage to be separate. However, if you purchase property together, each partner has equal interest in the property title.

Who is required to sign a marriage certificate?

The married couple will then receive a certified copy of the marriage certificate. Most states require both spouses, the officiant, and one or two witnesses, to sign the marriage certificate. This is often done just after the ceremony. Where do I obtain a marriage license?

Can a common law marriage lead to bigamy?

Common law marriage can lead to bigamy. Some states recognize common law marriage. This is when you and your partner live together as a couple for a period of time that your state lays out to be sufficient for marriage. But there is no common law divorce.