In India all marriages are registered under three marriage acts Hindu marriage act, 1955,
Muslim marriage, act,1954 or under special marriage act, 1954.
Let’s know more about what is Hindu and Muslim marriage act and what is special marriage act, 1954?
Muslim Marriage Act, 1954
In the Muslim marriage act, 1954 whoever is the second entity whether it’s is Hindu boy and Muslim girl or Muslim boy and Hindu girl one has to convert into Islam for solemnization of the marriage because marriage between a Muslim and a non-Muslim is not considered by Islam and is stated as illegal.
In a Muslim marriage, one entity has to Ijab (proposal)and the other has to qubul ( acceptance) because it is required for the contract.
Hindu Marriage Act,1955
In the Hindu marriage act of 1955, there is not as such a specific requirement of conversion of any entity
Merely some ceremonies were performed like NamaKarana samskara. In which an entity acquires a traditional Hindu name or yagna is performed.
However, religious institutions such as AryaSamaj offer services for procedural conversion to Hinduism.
One can convert to Hinduism and solemnize the marriage according to the Hindu rituals, Kundli matching, and rites, which will be within the purview of the Hindu marriage act.
What is the Special Marriage Act, 1954?
The special marriage act, of 1954 is an act that gives authority to the people of India. Also, all other residents living on foreign irrespective of religion or faith to marry each other.
It also arranges down the procedure of solemnization and registration of marriage. Irrespective of whether the husband or wife are Hindus, Buddhists, Sikhs, or Jains.
In this act, the couples have to submit needed documents to the marriage officer within 30 days before the marriage.
These are some of the conditions that you should read out to get to know more about the special marriage act.
- The male has to be of or above 21 and the female should be of or above 18 years.
- Neither party has a spouse living.
- Neither party is eligible of giving reasonable consent to it in the effect of unsoundness of mind; or
- Has been subject to recurrent attacks of insanity.
- Has been suffering from a mental disorder of such a kind or to such an extent. As to be non-eligible for marriage and the procreation of children.
- It can also differ depending on your situation you can ask a professional court marriage lawyer to get personalized guidance about your situation.
Can a Muslim boy marry a Hindu girl?
Indeed, under the special marriage act, 1954 Hindu girl and Muslim boy love marriage is completely legal and can perform rituals and customs according to their mutual understanding.
Conclusion
Once both entities are legally eligible they can apply for the marriage under a special marriage act prior 30 days before the marriage. If one of the entities is not willing to marry under a certain marriage act.
It is also the responsibility of the judiciary to take care of the rights of both men and women.
Read more: What happens when a husband does not respond to a court notice for a divorce?