Special Marriage Act
Querist :
Anonymous
(Querist) 20 October 2009
This query is : Resolved
I would like to know the legal consequences, of marraige under special marraige act, in relation to property, divorce for each community under their personal laws, as I educate women about their rights, and see a trend towards special marraige Act without understanding the consequences, Can Anybody help with comparative study especaily between hindu marraige act and special marraige act
Sachin Bhatia
(Expert) 20 October 2009
The Hindu Marriage Act: The Hindu Marriage Act applies to Hindus, Sikhs, Jains and Buddhists. If one of the parties in the marriage is a non-Hindu, he/she must convert to Hinduism before the marriage ceremony can be performed under this Act. People can register their marriage, but registration is not a legal requirement and failure to register a marriage does not affect the legality of the marriage.
Sachin Bhatia
(Expert) 20 October 2009
The Special Marriage Act (1954): This Act covers marriages between people of different religions, but people of the same faith can also be married under this Act.
Certain papers must be filed with the marriage registrar, including affidavits (in a prescribed form) by each party that they are single, and certifications from the local police station for each party that they have been resident of that area for at least 30 days. A notice of the intended marriage is published.
Thirty days after publication of the notice, the marriage is solemnized by the marriage registrar in the presence of the bride and groom and three witnesses.
The registrar registers the marriage and issues a marriage certificate.
Raj Kumar Makkad
(Expert) 20 October 2009
The quarry is very specific. what are the consequences regarding property and divorce to the person relating to each community?
As you educate women on various issues, I suggest you to go through in detail the following link wherein complete information is provided in detail pertaining to your quarry.
after visiting the site pointwise make summary/distinction of the same with their personal laws:
http://www.surfindia.com/matrimonials/special-marriage-acts.html
J K Agrawal
(Expert) 21 October 2009
If one couple marries under special marriage act in relation to there nd matrimonial disputes only provisions of special marriage act are applicable. it makes no difference that both the parties are hindus or muslims or of same caste. There personal laws are eclipsed.
As far as it relates to their right to succession up to amendment of 1976 only provisions of Indian Succession Act were applicable. After amendment of 1976 if both the parties are Hindus, their personal law is applicable for succession.
