Bizarre Judgment, On the Madhya Pradesh High Court’s order

June 7, 2024

The Madhya Pradesh High Court’s order declining to give protection to a couple on the ground that a marriage between a Muslim man and a Hindu woman will not be valid, even if registered under the Special Marriage Act (SMA), 1954, reflects an incredible misunderstanding of the law.

Relevancy for Prelims: Special Marriage Act (SMA), 1954, What Are Sapinda Marriages, Lancet Study On Child Marriage In India, Gender Equality In Changing Surname After Marriage, Saptapadi Ceremony In Hindu Marriage.

Relevancy for Mains: Personal laws in India.

Judiciary View

The judge examined Muslim law treatises to conclude that a Muslim cannot marry an “idolatress or fire-worshiper”, as such a marriage would be irregular.
The judge concedes that when a marriage is performed under SMA, it cannot be challenged on the ground of non-performance of mandatory marriage rituals.

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

The SMA was passed precisely to allow interfaith couples to get married without the requirements of marriage rituals associated with their religions.

Conclusion

Special Marriage Act (SMA), 1954 vis-i-vis Personal laws:

The writer is of the view that if a conflict arises between Special Marriage Act (SMA), 1954 & Personal laws, the former should prevail.

GS 2 Functioning of the Executive and the Judiciary

Q. The Special Marriage Act (SMA) of 1954 was enacted to provide a secular framework for marriage outside the realm of personal laws. Critically examine the challenges and opportunities the SMA presents in the context of contemporary India. How has the Act evolved to address interfaith marriages, and what further reforms are necessary to ensure its effective implementation?

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