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Solemnize Marriage Definition Essay

The Special Marriage Act was enacted to provide a special form of marriage by any person in India and all Indian nationals in foreign countries irrespective of the religion either party to the marriage may profess.
 
For the benefit of Indian citizens abroad, it provides for the appointment of Diplomatic and Consular Officers as marriage officers for solemnizing and registering marriages between citizens of India in a foreign country.
 
The Act extends to the whole of India except the state of Jammu and Kashmir and also applies to citizens of India domiciled in the territories to which this Act extends who are in the state of Jammu and Kashmir.

Conditions Necessary for A Marriage

The following conditions are necessary:

  1. That neither party has a spouse living at the time of marriage.

  2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.

  3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.

  4. That neither party has been subject to recurrent attacks of epilepsy or insanity.

  5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.

  6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:

DEGREES OF PROHIBITED RELATIONSHIP

    1. Mother

    2. Father's widow (step mother)

    3. Mother's mother

    4. Mother's father's widow (step grand mother)

    5. Mother's mother's mother

    6. Mother's mother's father's widow

    7. Mother's father's mother

    8. Mother's father's father's widow (step great grand mother)

    9. Father's father's widow (step grand mother)

    10. Father's mother's mother

  1. That where the marriage is solemnized in the State of Jammu and Kashmir, both the parties are citizens of India domiciled in the territories to which this Act extends.

CONDITIONS NECESSARY FOR A MARRIAGE

The following conditions are necessary:

  • That neither party has a spouse living at the time of marriage.
  • That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
  • That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
  • That neither party has been subject to recurrent attacks of epilepsy or insanity.
  • That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
  • That the parties are not within the degrees of prohibited relationship.
However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:

DEGREES OF PROHIBITED RELATIONSHIP:

  • Mother
  • Father's widow (step mother)
  • Mother's mother
  • Mother's father's widow (step grand mother)
  • Mother's mother's mother
  • Mother's mother's father's widow
  • Mother's father's mother
  • Mother's father's father's widow (step great grand mother)
  • Father's father's widow (step grand mother)
  • Father's mother's mother
That where the marriage is solemnized in the State of Jammu and Kashmir, both the parties are citizens of India domiciled in the territories to which this Act extends.

Special Marriage Act, 1954 - SOLEMNIZATION OF MARRIAGE

 Parties who intend to get married under the Special marriage Act shall give a notice in writing in the specified form to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given. 

NOTICE OF INTENDED MARRIAGE

A notice has to be given in writing in the form given below to the Marriage Officer of the District in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately proceeding the date on which such notice was given.
 
NOTICE
 
To,
Marriage Officer,
_______District________
 
               We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months hereof.
 
Name:
Condition:
Occupation:
Age:
Dwelling:

Place of residence if present dwelling place not permanent.
 
AB
 
Unmarried/Widower/Divorced
 
Witness our hands this _____ day of ___ 200_
 

Signed AB                   Signed CD
 

 

PUBLICATION

The notice given is then published by affixing it in some conspicuous place in the office of the Marriage Officer, and before the expiration of thirty days from the date on which the notice was published any person can object to the marriage that it would contravene any of the conditions necessary for the marriage.
 
After the expiry of thirty days from the date on which the notice was published the marriage may be solemnized.
 

DECLARATION AND WITNESSES

Before the marriage is solemnized the parties and three witnesses shall sign a declaration in the form give below, and the declaration shall be counter signed by the Marriage Officer.

DECLARATION MADE BY THE BRIDEGROOM
   
  1. I, _________hereby declare as follows;
  2. I am at the present unmarried (or a widower or a divorcee, as the case may be)
  3. I have completed _______ years of age.
  4. I am not related to ________(the bride) within the degrees of prohibited relationship.
  5. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to true, I am liable to imprisonment and also to fine.

SIGNED__________
(BRIDEGROOM)

DECLARATION MADE BY THE BRIDE
 
  1. I, _________hereby declare as follows;
  2. I am at the present unmarried (or a widower or a divorcee, as the case may be)
  3. I have completed_______years of age.
  4. I am not related to ________(the bridegroom) within the degrees of prohibited relationship.
  5. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to true, I am liable to imprisonment and also to fine.

SIGNED__________
(BRIDE)
 
       Signed in our presence by the aboveground ________ and __________ .So far as we are aware there is no lawful impediment to the marriage.
 
WITNESSES
 
SIGNED____
 
SIGNED____
 
SIGNED____
 
COUNTERSIGNED
 
MARRIAGE OFFICER
Dated:___day of ________200

PLACE AND FORM OF SOLEMNIZATION

The marriage may be solemnized at the office of the Marriage Officer or at such place within reasonable distance as the parties may desire upon payment of such additional fees as may be prescribed.
     
The marriage may be solemnized in a form, which the parties may choose to adopt.

However, no marriage is complete and binding unless each party says to the other in the presence of the Marriage Officer and the three witnesses in any language understood by the parties, I_______take thee________to be my lawful wife (or husband)

 

CERTIFICATE OF MARRIAGE

After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage.

REGISTRATION OF MARRIAGE CELEBRATED IN OTHER FORMS

Any marriage celebrated other than a marriage solemnized under the Special Marriage Act, 1872 or under the Special Marriage Act, 1954 may be registered under Chapter III of the Act by a Marriage Officer if the following conditions are fulfilled:
  • a ceremony of marriage has been performed between the parties and they have been     living together as husband and wife ever since
  • neither party has at the time of registration more than one spouse living;
  • neither party is an idiot or a lunatic at the time of registration:
  • the parties have completed the age of twenty-one year at the time of registration;
  • the parties are not within the degrees of prohibited relationship:
  • the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

PROCEDURE FOR REGISTRATION

Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses.

CONSEQUENCES OF MARRIAGE UNDER THIS ACT

EFFECT OF MARRIAGE ON MEMBER OF UNDIVIDED FAMILY
 
Where any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion marries a non-Hindu under this Act, he shall be severed from such family. However if two persons who are Hindus and get married under this Act no such severance takes place.
 
SUCCESSION TO PROPERTY OF PARTIES MARRIED UNDER THIS ACT
 
Notwithstanding anything contained in the Indian Succession Act, 1925 with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the Indian Succession Act. However if two persons who are Hindus get married under this Act the above provision does not apply and they are governed by the Hindu Succession Act.

 




Marriages

Changes, including re-definitions, of
marriages since before biblical times


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Overview:

It has often been stated that the basic building block of society is the family. Families are being formed continually. In the Western world, many couples meet, find themselves attracted to each other, decide to date each other exclusively, engage in sexual activity, decide to form a permanent relationship, and move in together, and perhaps marry (not necessarily in that order). In the vast majority of cases, the couples are of opposite genders. However, a small but growing percentage of couples who wish to marry are of the same gender.

Marriage has been continually evolving. It has gone through many changes and redefinitions over the past 15 decades:

Most couples are made up of one woman and one man; some are of the same gender; a relative few are polygamous, either group marriages (any gender combination of more than 2 persons), polygynous (one man, multiple women), or -- very rarely -- polyandrous (one woman, multiple men).

Most couples are of the same race. But it is only since the Civil War that African Americans were allowed to marry anywhere in the U.S.

Other marriages are interracial. They were forbidden in some parts of the U.S. prior to 1967 when the U.S. Supreme Court declared miscegenation laws unconstitutional. Interracial marriages are now legal everywhere in North America; they are increasing in numbers.

Some couples are of the same religion; others are inter-faith. Until recent decades many Christian denominations quoted the biblical passage 2 Corinthians 6:14 which forbids Christians from marrying outside of their faith -- and sometimes marrying outside of their denomination -- and thus being "unequally yoked." Some still do.

Some couples decide to have their own children; others attempt to adopt; others intentionally remain childless; still others are infertile. Some infertile couples seek assistance from fertility clinics to help them conceive via artificial insemination, in-vitro fertilization, etc. Such methods are forbidden by the Roman Catholic Church and some other faith groups.

Some couples prefer to simply live together without ceremony or state license; others wish to stand up in front of friends and family, declare their love and commitment to each other, and be legally married in a secular or religious setting.

Governments allow some couples to marry and deny marriage to other couples. In the U.S. it is up to the state to define whom may marry. In Canada, it is determined for the entire country by federal legislation.

The significance of marriage:

Marriage can have both religious and legal significance. 

In many countries in Europe and elsewhere, a couple goes to their city hall to have their relationship recognized as a marriage by the government. They may then elect to follow this up with a religious marriage ceremony in a church, mosque, synagogue, etc. In North America, and elsewhere, the couple may elect to bypass a religious ceremony and have their marriage solemnized by a marriage commissioner or judge in a completely civil ceremony.

A growing percentage -- almost a majority -- of couples are deciding to have their marriage ceremony performed outside of a church, mosque, synagogue, temple, etc.

Types of unions:

The vast majority of couples form opposite-sex marriages. Religious and social conservatives call them "traditional marriages." A minority form what are often called "homosexual marriages," or "gay marriages." We recommend that the term "same-sex families" and "same-sex marriage" be used instead, because some male-male and female-female marriages involve two bisexuals or a bisexual and a homosexual.

Marriage brings with it many benefits. Hundreds of these are offered by individual states. In 1997-FEB the U.S. Government issued a list of over 1,000 laws giving special federal rights, privileges and responsibilities to opposite-sex married couples. Because of the federal Defense of Marriage Act (DOMA) Gay and lesbian committed couples are excluded from these federal the benefits and protections that they would otherwise bring to themselves and their children. However, DOMA law has been found by a number of federal courts to violate the U.S. Constitutional and is currently under appeal to the U.S. Supreme Court.

Only opposite-sex couples can legally marry in most of the world's political jurisdictions. However, a number of jurisdictions have enlarged their definition of marriage to include same-sex couples. Holland was the first. Belgium, Canada, the District of Columbia and a few states in the U.S., Spain, South Africa etc. followed. Other states in the U.S. have created civil unions for same-sex couples. These are arrangements equivalent to marriage but lack the name "marriage." Couples typically receive the same -- or almost the same -- state benefits as do married couples. However, because of the DOMA law, they receive none of the federal benefits at this time.

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The origins and types of marriage:

Anthropologists have observed that all societies have some form of marriage arrangement or arrangements. Also, most cultures follow one or more religions. It is reasonable to assume that all human cultures, even in pre-historic times, had some form or forms of religiously sanctioned marriage.

There are eight family types described in the Hebrew Scriptures.

In North America, there are currently three main types:

"Living together:" an informal arrangement which may be temporary or permanent.

Common-law marriage: living together with the intent of creating a permanent union.

Legally recognized marriage registered with the government, which brings a full set of benefits, protections, and obligations.

Who could marry? -- from the 19th century until now:

The 1866 Hyde decision in England included a definition of marriage in a judge's ruling, which has been frequently cited since:

"What, then, is the nature of this institution [marriage] as understood in Christendom?  Its incidents vary in different countries, but what are its essential elements and invariable features?  If it be of common acceptance and existence, it must have some pervading identity and universal basis.  I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others." 1