Registration of marriage under splecial marriage act
Querist :
Anonymous
(Querist) 31 October 2011
This query is : Resolved
Any marriage which has been celebrated by performing a ceremony of marriage can be registered under Section 15 of the Special Marriage Act, 1954. Here, the term 'ceremony of marriage' appears to have a wide coverage. Could you confirm if marriage ceremonies performed through religious rites or tribal customs/practices are covered and can be registered under the above Act ?
Sankaranarayanan
(Expert) 31 October 2011
Registration of Marriage Celebrated in other forms
15. Registration of marriages celebrated in other forms.-
Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872 or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:
(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since
(b) neither party has at the time of registration more than one spouse living;
(c) neither party is an idiot or a lunatic at the time of registration:
(d) the parties have completed the age of twenty-one year at the time of registration;
(e) the parties are not within the degrees of prohibited relationship:
Provided that in case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and
(f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.
16. Procedure for registration.- Upon receipt of an application signed by both the parties to the marriage for the registration of their under this chapter, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in Sec. 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the Form specified in the Fifth Schedule and such certificate shall be signed by the parties to the marriage and by three witnesses.
17. Appeals from orders under Sec. 16.- Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of order, appeal against that order to the District Court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the District Court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.
18. Effect of registration of marriage under this Chapter.-
Subject to the provisions contained in sub-section (2) of Sec.24 where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be and always to have been the legitimate children of their parents:
Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.
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 In testates) 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.
prabhakar singh
(Expert) 31 October 2011
Well guided by Mr. sankar narayanan .
Shonee Kapoor
(Expert) 01 November 2011
:-)
Simple answer: YES
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 02 November 2011
You have only quoted the Sections of the Special Marriage Act without answering my specific questions. Could you comment or reply to my question whether marriage solemnised under religious rites/practices or tribal customary law will be covered by the term 'ceremony of marriage'?
