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PRAKASHCHANDRA MARU (lawyer)     17 March 2019

Special marriage act

That petitioner is from hindu community and respondent is from muslim community both married and registered before their marriage registrar marriage of them under the Gujarat marriage act 2006 Neither male nor female converted their religion before or after marriage since today both parties having their same religion ? Now both want to get divorce can they are entitled to get divorce under the provisions of the special marriage act even though they have registered their marriage under the provision of the Gujarat marriage act 2006 Provide any citations if is there regarding that even though marriage registered in any other provisions of the marriage act but when couple from different caste religion then applies only and only special marriage act ? regards


 2 Replies

Rashi Chandok   17 March 2019

Hello Sir, 

Gujurat Marriage Act, 2006 is a state level act which is applicable only in the State of Gujarat but Special Marriage Act is applicable all over India. Special Marriage Act has laws related to marriage from two different religions.

Vijay Raj Mahajan (Advocate)     17 March 2019

If they belong to different religions and never got married under the Special Marriage Act, 1954 and only got marriage registered under some local marriage registration Act without even getting legally married than for all purpose they are not married. If no legal marriage than no divorce as they are not husband and wife in the eye of law. Registration of non-existent marriage will not make it valid marriage.

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