The Special Marriage Act, 1954 is a law that allows people of different religions, nationalities, or castes to get married in India. It is a civil contract that does not require any religious rites or ceremonies. It also provides for the registration and recognition of the marriage under the Indian law.
To get married under the Special Marriage Act, you and your boyfriend have to follow these steps:
- You have to apply in writing to the marriage registrar of the district where either of you has resided for at least 30 days before the date of marriage. You have to fill a form and submit it along with some documents, such as proof of age, identity, address, marital status, etc.
- The marriage registrar will then publish a notice of your intended marriage in his office and in a newspaper for 30 days. The notice will invite any objections from the public to your marriage.
- If no objections are received within 30 days, the marriage registrar will solemnize your marriage in his office in the presence of three witnesses. You and your boyfriend will have to sign a declaration and a marriage certificate.
- If any objections are received within 30 days, the marriage registrar will conduct an inquiry and decide whether to allow or reject your marriage. If he rejects your marriage, you can appeal to the district court within 30 days.
- The marriage certificate issued by the marriage registrar is a valid proof of your marriage and can be used for various purposes, such as applying for a visa, passport, bank account, etc.
If your family raises any objection to your marriage under the Special Marriage Act, you can do the following things:
- You can try to convince them that your marriage is based on love and mutual respect and that it does not affect your religion or culture. You can also seek the help of some relatives or friends who support your decision and can mediate with your family.
- You can ignore their objection and proceed with your marriage if you are sure that they cannot prove any valid ground for objection, such as fraud, coercion, impotency, insanity, etc. You can also seek legal protection from the police or the court if they threaten or harass you or your boyfriend.
- You can opt for another way of getting married, such as under the Hindu Marriage Act, 1955 or under the Christian Marriage Act, 1872. However, these laws may require you or your boyfriend to convert to Hinduism or Christianity respectively and follow certain religious rites or ceremonies. These laws may also have different conditions and consequences for your marriage.
Your boyfriend does not need to stay in India for marriage registration if you get married under the Special Marriage Act. He can leave India after signing the declaration and the marriage certificate in the presence of three witnesses. However, he may need to stay in India for some time if you get married under any other law that requires his personal appearance before a priest or a magistrate.
Your marriage will not affect your residential status in India if you get married under the Special Marriage Act. You will remain an Indian citizen and enjoy all the rights and duties as such. However, if you want to move to the US with your husband, you will need to apply for a spouse visa from the US embassy or consulate in India. You will also need to submit some documents, such as your marriage certificate, passport, birth certificate, medical report, etc.
As a married couple under the Special Marriage Act, you will get some rights and benefits, such as:
- The right to inherit each other’s property and assets in case of death or divorce.
- The right to claim maintenance or alimony from each other in case of separation or divorce.
- The right to adopt children or be guardians of each other’s children.
- The right to file joint tax returns and claim deductions or exemptions.
- The right to visit each other in hospitals or prisons.
- The right to make medical or financial decisions for each other in case of incapacity.
However, you will also have some obligations and responsibilities towards each other, such as:
- The duty to live together and cohabit as husband and wife.
- The duty to be faithful and loyal to each other and not commit adultery.
- The duty to support and maintain each other according to their means and needs.
- The duty to respect and protect each other’s dignity and rights.
- The duty to share household chores and expenses.
- The duty to care for and educate their children.”
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