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Vinoth (Executive)     09 July 2011

Registering same marriage in different marriage acts



I m a Hindu and i recently registered my marriage with my Christian wife under the Christian marriage act. As you all are aware that only one party to the marriage needs to be a Christian to register under Christian marriage act, no religious conversion was involved. Would like to know if my marriage can be registered again under the special marriages act also.


 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 July 2011

When it is an inter caste marriage then it falls under the special marriage act.

pratap ray (consultant)     09 July 2011

I agreed with Mr. Rajeev .. as  Regious is dofferent you have to registered according to Special marraige act.


Tajobsindia (Senior Partner )     09 July 2011

@ Author

Why is the need to re-register marriage under different Acts! One Registration of Marriage between same couple is enough (by all legal purposes) in there lifetime unless……......

Kindly pay attention to recent Amendment (2001) under Indian Christian Marriage Act as well as provision of Law under
S. 4 it clearly states;

                             "Every marriage between persons, one or both of whom is 11 
                            [or are] a Christian or Christians, shall be solemnized in
                            accordance with the provisions of the next following section; and 
                            any such marriage solemnized otherwise than in accordance with 
                            such provisions shall be void."      


Vinoth (Executive)     09 July 2011

@ Tajobsindia

We got registered without the knowledge of our parents and will be disclosing them after a Hindu ceremony of marriage performed outside the temple permises in a marriage hall (and if possible a registeration under Special marriages act) 3 months later due to unavoidable situations. We fear of losing them completely when they come to know that we got registered 3 months early itself. Now we have registered our marriage as per theTamilnadu marriages act (Chirtian priest certificate act involved to register under Tamilnadu Marriages act) .
Just guide us if we can re register the same marriage under Special marriages act after 3 months, the certificate of which we will be disclosing to our parents.

Vinoth (Executive)     09 July 2011

Additionally, no conversion was involved as the Christain marriage act clearly specifies that its enough if only one party to marriage is a Chritian.

Tajobsindia (Senior Partner )     09 July 2011

@ Author

1. It seems from your subsequent briefs the chain of event that happened till elders in family may get the wind of them are that the couple signed the Civil Register in the Church after their marriage. Here it seems the marriage is performed under S. 5 (1) and 3 months ago it was registered under S. 30 of the Indian Christian Marriage ActRight!

Hence under normal circumstances I will still reiterorated that there is therefore no need to have a separate “Court Marriage” for legal purposes. But your situation is one that of pleasing elders as well as present marriage life simultaneously so there you go (read on);

However the situation emerging form your next brief clarified further on your primary que. and in that case after the Church Wedding the solution for the couple is that they can take the Church Marriage Certificate and go together and get their marriage Re-registered under S. 15 of the Special Marriage Act. From the date of this Re-registration, their marriage will be converted into a marriage under the Special Marriage Act. The process of Re-registration involves giving one month's notice, taking the Church Marriage Certificate, witnesses etc. (as though you are getting married under the Special Marriage Act) and going through a ceremony before the Registrar.

2b. But do note this is a one-way process from another Marriage Act to the Special Marriage Act. The reverse cannot be done.

The so called "Court" Marriages that some couples enter into under the Special Marriage Act before the Church Marriages have led to some problems, when after the civil marriage one party either vanishes or refuses to go through the Church Marriage and holds the other party to ransom, as this other party is bound by a civilly legal marriage that is not recognised by the Church. I hope this is not the case in hand J

On the contrary yours is a very interesting brief I got privilege to reply with above correct provisions of Law / procedures wise. 

Adv. Chandrasekhar (Advocate)     09 July 2011

Yes. You can.  Go to marriage officer under special marriage Act and fill up the application and documents mentioned therewith and after one month it will be registered and the certificate issued.  From then onwards, you  both will be governed by the provisions of Special Marriage Act.

rashmi_2010 (Advocate/Corporate Consultant)     15 July 2011

Agree with Mr Rajeev and Mr Chandu. You have to register under Special Marriage Act being it inter caste and without converting yourself.


Manish Singh (Advocate)     22 August 2011

Your marriage is completely legal and valid.

Still if you wish you can go for registration under the Special Marriage Act as any person residing in India is free to avail benefits of special marriage act irrespective of his religion.

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