The Special Marriage Act, 1872, is an important legislation in Bangladesh that allows for the solemnization of marriages between individuals of different religions, castes, or creeds. The act provides a legal framework for couples who wish to get married without converting to either of their religions. The act is applicable to the whole of Bangladesh.
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The Special Marriage Act, 1872, defines a special marriage as a civil contract between two individuals, irrespective of their religion, caste, or creed. The act provides for the solemnization of such marriages before a Marriage Officer appointed by the government. The Marriage Officer has the power to solemnize special marriages at any place within his jurisdiction.
The act also lays down the procedure for the solemnization of a special marriage. The couple is required to give a notice of their intention to get married to the Marriage Officer of the district in which at least one of the parties has resided for a period of not less than thirty days preceding the date of the notice. The notice is then published, and objections, if any, are heard and disposed of by the Marriage Officer.
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The act also provides for the registration of special marriages. The parties to the marriage are required to sign a declaration stating that they are not related to each other within the prohibited degrees of relationship and that they are entering into the marriage of their own free will. The declaration is then signed by three witnesses and the Marriage Officer, and the Marriage Officer issues a certificate of marriage.
The Special Marriage Act, 1872, also provides for the dissolution of special marriages through a divorce or judicial separation. The grounds for divorce or judicial separation are the same as those under the Hindu Marriage Act, 1955. The act also provides for the maintenance of the wife and children, custody of children, and division of property in case of divorce or judicial separation.
The act also provides for the recognition of special marriages solemnized outside Bangladesh. The parties to the marriage are required to provide proof of the marriage, such as a marriage certificate or any other document issued by the competent authority in the foreign country. The proof of marriage is then registered with the Marriage Officer in Bangladesh, and a certificate of marriage is issued.
The Special Marriage Act, 1872, also provides for the dissolution of special marriages through annulment, divorce, or judicial separation. The grounds for annulment, divorce, or judicial separation are the same as those under the Hindu Marriage Act, 1955. The act also provides for the maintenance of the wife and children, custody of children, and division of property in case of annulment, divorce, or judicial separation.
In case of any dispute or disagreement between the parties to the marriage, the act provides for the settlement of disputes through arbitration. The parties can appoint an arbitrator or seek the assistance of the Marriage Officer to resolve any dispute or disagreement that arises between them.
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One of the main features of the Special Marriage Act, 1872, is that it promotes secularism and allows individuals to exercise their right to marry and choose their partner without any discrimination based on religion, caste, or creed. The act is a progressive step towards ensuring equality and social justice in society. It also helps to reduce the incidence of honor killings, forced conversions, and communal tensions that often arise from inter-faith marriages.
In conclusion, the Special Marriage Act, of 1872, is an important legislation in Bangladesh that provides a legal framework for couples who wish to get married without regard to their religion, caste, or creed. The act promotes secularism and helps to ensure social justice and equality in society. It is a progressive step towards building a more inclusive and tolerant society in Bangladesh.