Lead image credit: Instagram.Ch indian ace The curtain will rise next month for the Cherokee County School District's 2021-22 theatre season! So even though the law is designed to avoid deception and exploitation of loopholes, it does make things more complicated for common folk.Ĭlearly, marriage and divorce are not easy in India! Only then, are they eligible for a court marriage.
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They have to go through a lengthy application process, including putting up an “Intention Of Marriage” notice at the local SDM’s office so that there are no objections to their union.Īfter this, there is police verification and another trip to the SDM’s office to submit documents requesting a court date.
For example, those who want to get married under this act cannot just have a wedding and call it a day like those marrying within their own religion. Not only that, but this process is also difficult for people who want to marry without their family’s consent. In cases where a couple wants to get a marriage license, complex legal procedures present bureaucratic hurdles for interfaith couples, despite the intent of the Special Marriage Act being to promote secularism. Video credit: /nusratchirps A lengthy process for interfaith couples While this is great for Nusrat, who is now happy with Yash Dasgupta, and did not want to continue being married or the alleged mishandling of her funds and family jewels, there is another side to this. If a couple is getting married in India according to the Muslim Personal Law, the Hindu Marriage Act, or the customary laws of their own religion, that’s a separate story.īut if one takes a route similar to Nikhil and Nusrat’s-who got married overseas according to Turkish law-they have to get their marriage registered in India for it to be legally valid.
What is the Special Marriage Act, 1954?Īccording to Indian laws, inter-religious marriages have to be registered under the Special Marriage Act, valid in this case due to Nusrat being a Muslim and Nikhil a Hindu. In fact, Nusrat herself had also said that her marriage to Jain was not legally binding after much mud-slinging. While the court noted that they did have a wedding in Turkey in front of friends and family, "following both western and Indian style and rituals of Hindu marriage," it also said that they never registered it in India under the Special Marriage Act, "so their consensual union cannot be treated as a marriage." Now, it seems there’s legal relief for Nusrat in this case, because the courts have stated that her Turkish wedding with Jain is invalid under Indian law: "It is declared that the alleged marriage held on 19th June, 2019 at Bodrum, Turkey in between the plaintiff and the defendant is not legally valid.”Īfter Nikhil claimed that Nusrat left his home and moved out, the court has now said that they were never legally married: "Considering all aspects of the suit and in view of the admission made on part of the defendant, the court is of the opinion that the alleged marriage held between the parties to the suit is not legally valid." Why the courts did not consider their marriage valid Image credit: /nusratchirps What the court had to say