Special marriage act 1954
Nito Digital
(Querist) 27 October 2013
This query is : Resolved
A couple plans to marry with parents consent, where the boy is a Hindu and the girl is a Parsi. They plan to do the wedding first as a full Hindu ceremony with Phera's. Subsequently have a civil marriage under the special marriage act.
What are
a) the girls legal status after the civil marriage- whether she stands converted a Hindu or she can continue to maintain her earlier religion.
b)Is the law as per the Hindu marriage applicable to her or the later civil marriage
c) Does she have to have the civil marriage first, to maintain her Rights of her own community
Thanks for an early reply. Mehta
prabhakar singh
(Expert) 27 October 2013
The Phera's would be of no legal consequence,no marriage would be deemed
to have taken place unless Parsi converts
legally with rituals as Hindu.
The lawful marriage shall in this case take place on the date and moment registration takes place before marriage registrar under Special marriage Act.
After this registration girl would remain Parsi and boy would remain Hindu,already told Phera making no difference.
POst registration of marriage rights and liabilities of both would be governed by provisions of SPECIAL MARRIAGE ACT.
Better first register then celebrate ,register in day and host a dinner of phera.
Rajendra K Goyal
(Expert) 27 October 2013
Very well advised by the expert prabhakar singh ji, nothing more to add.
Devajyoti Barman
(Expert) 27 October 2013
Her status or religion does not get changed after registration which is to be done under SPA.
ajay sethi
(Expert) 27 October 2013
agree with experts she continues to remain a parsi as marriage has been solemnized under SMA
Ms.Nirmala P.Rao
(Expert) 27 October 2013
Both of them retain their respective religions intact as the marriage was solemnized under SPA as rightly put- by Mr.Prabhakar Singh Ji.
Nito Digital
(Querist) 28 October 2013
Thank you for your valuable advice.
ajay sethi
(Expert) 28 October 2013
thanks for your appreciation
malipeddi jaggarao
(Expert) 29 October 2013
No need to add anything on Mr.Prabhakar Singh's advice.
Ms.Nirmala P.Rao
(Expert) 30 October 2013
According to Parsi Personal Law A Parsi/Zoroastrian Girl on her Marriage TO A NON Parsi - IN THIS CASE A Hindu man-if he marries a Parsi girl- the wife in such marriage automatically EMBRACE4S HER HUSBAND'S RELIGION ON HER MARRIAGE WHETHER MARRIED UNDER SPA or not-Hence personal Law of Parsis governs the religion of the Parsi wife on her marriage with a Hindu Man; she ceases to be a Parsi and automatically becomes a Hindu on her marriage to a Hindu Man. She forgoes her right to consign her body on her death to Tower of Silence after her marriage to a Hindu Man. If you wish to thank me for this reply please click th thank you button on my profile.
prabhakar singh
(Expert) 30 October 2013
Thanks to Expert : Ms.Nirmala P.Rao !I am really enlightened to know what parsi personal law was in past of which I was really unaware.
But Their personal law of marriage whatever that was, changed by an enactment of central government in 1936 known as The Parsi Marriage And Divorce Act, 1936(ACT No. 3 OF 1936 An Act to amend the law relating to marriage and divorce among Parsis.)2. Definitions.(7) a" Parsi" means a Parsi Zoroastrian;(5) " husband" means a Parsi husband;(6) " marriage" means a marriage between Parsis whether contracted before or after the commencement of this Act;
And even before this Act, THe Parsi Marriage and Divorce Act, 1865 , (15 of 1865 )WAS IN FORCE.
THAT IS WHY SPECIAL MARRIAGE ACT WOULD COME IN PICTURE.
Raj Kumar Makkad
(Expert) 02 November 2013
I do endorse the advice of Ld. Singh Saab
