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Marriage

(Querist) 26 August 2009 This query is : Resolved 
if church wedding and temple wedding is done and when the couple goes and registers under Special Marraige Act, will the original religion of the boy and girl stay with them legally or their religion is according to wedding order (temple wedding 1st and church wedding 2nd)

can the special marriage act override howsover the couple had married earlier??
Arul Kumar (Expert) 26 August 2009
It is immaterial that whether the marriage is done in church or temple. When the marriage is registered under the Special Marriage Act 1954, then the Special Marriage will prevail. Law recognises only the registered marriage under the given law. One cannot register the marriage under more than any one the Act.
Manish Singh (Expert) 26 August 2009
Dear Mr. Triple,
yes the religion of the spouse can not be changed by the marriage itself or vide registering the marriage under the special mariage act.

under cristian Marriage act, one of the spouse must be a christian and the marriage must be prformed under the provisions of the said act otherwose the mariage shall be held void (hwever it can yet be proved as a valid marriage as held by apex court)

under the hindu Marriage Act, both the pouse must be hindus and rituals must be performed accordingly.

even if you have your marriage performed under any act, still you are always free to get it registered undr the Special marriage Act and can take benefit of the povisions of the Special Marriage ACt.

Kiran Kumar (Expert) 26 August 2009
Mr.Manish is absolutely correct.
Sarvesh Kumar Sharma Advocate (Expert) 26 August 2009
wedding is not appropriate for change religion .
for change d religion there is another stapes.
tripleR (Querist) 27 August 2009
as i heard, if a christian wedding is to be done, the boy or girl has to be a member of church which can happen only if the person take baptism i.e converting to christianity! does this have a legal impact in future as in the church claiming the person as a christian even after a registration under a special marriage act is done with the original religion of the couples!?

Kamal Grover (Expert) 28 August 2009
If your marriage is registered under special marriage act then only that will prevail not of mandir or church.
adv.kamal.grover@gmail.com
Manish Singh (Expert) 08 September 2009
Yes, one of the spouse must be a christian to get their mariage solemnised under the Christian laws.riven


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