difference in effect marriage registered
Dr.Gaurang N. Gandhi
(Querist) 12 April 2010
This query is : Resolved
what is the difference between marriage registered under Hindu marriage act and under special marriage act.
what are the consequential effect between them?
if two mature person wants to register their marriage under special marriage act which kind of extra documents to be produced?????
Please give me in detail knowledge.......
thanks
Raj Kumar Makkad
(Expert) 12 April 2010
CHAPTER IV
Consequences of Marriage under this Act
19. Effect of marriage on member of undivided family- The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family.
20. Rights and disabilities not affected by Act.- Subject to the provisions of Sec. 19, any person whose marriage is solemnized under this Act, shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 (21 of 1850), applies.
21. Succession to property of parties married under Act.-
Notwithstanding any restrictions contained in the Indian Succession Act,1925 (39 of 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 said Act and for the purposes of this section that Act shall have effect as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom.
21-A. Special provision in certain cases .- Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jain religion with a person who professes the Hindu, Buddhish, Sikh or Jain religion. Secs. 19 and 21 shall not apply and so much of Sec. 20 as creates a disability shall also not apply.
Conditions for a Hindu marriage
A marriage may be solemnised between any two Hindus, if the following conditions are fulfilled, namely,-
(i) neither party has a spouse living at the time of the marriage;
1[(ii) at the time of the marriage, neither party-
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, 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; or
(c) has been subject to recurrent attacks of insanity 2[***]
(iii) the bridegroom has completed the age of 3[twenty-one years] and the bride, the age of 4[eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
So there is a lot of difference between the marriages under these two acts.
Dr.Gaurang N. Gandhi
(Querist) 12 April 2010
thanxs sir,
sir,
in my city there is a problem occurred that today the officer of municipality had refused to give certificate of marriage only on ground that the couple do not have possessed a ceremonial card KANKOTRI i.e. a marriage invitation card.
in this situation i had argued that both are competent and not only the spouse but their parents are also ready for solemnization of the marriage.
they only want to go though court marriage.
now my question is that the refusal of municipality officer to give marriage certificate is valid?
can't v challenge that? if challenge then on what ground?
thanxs for yr openion...
