Suraj123456789 (Other) 05 December 2019

Hindu marriage act v/s special marriege act

Two Hindu couple are intending to marry. They fall within Sapinda relationship.Customs not allow in their community. 1. If one of them converts into Christianity and then they marry under special marriage act. Marriage is valid? 2. Both of them convert into Christianity and then marry. Marriage is legal? 3. Such conversion for marriage will be supposed to be legal by court? 4. If they already solemnised a marriage in Arya Samaj mandir without being converted.Then one of them or both of them convert into Christianity and they want to marry under special marriage act. Is it possible?

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Shashi Dhara 05 December 2019

Conversion is not remedy for marriage. If they have already married in arya samaj go and file petition to register the marriage under special marriage act..contact local advocate.

Sankaranarayanan (Advocate) 05 December 2019

It seems academic query ? Furnish your facts of case ... first

Suraj123456789 (Other) 05 December 2019

It is a real case. The purpose of query is although academic.

Suraj123456789 (Other) 05 December 2019

You mean Hindu Sapindas can marry under special marriage act?

Suraj123456789 (Other) 05 December 2019

First of all I am very confused with it. Is it falling under sapinda relationship:- Father's Sister's Son's Doughter?

Suraj123456789 (Other) 05 December 2019

Aaa

Originally posted by : sankar narayanan
	It seems academic query ? Furnish your facts of case ... first

Suraj123456789 (Other) 05 December 2019

quated mistakenly

Originally posted by : Sumit
	Aaa Originally posted by : sankar narayanan It seems academic query ? Furnish your facts of case ... first

SHANTANU MISHRA 06 December 2019

The Special Marriage Act provides a special form of marriage, its registration and divorce. A marriage between any two persons belonging to any religion or creed may be solemnised under this Act. Being a secular Act, it plays a key role in liberating individuals from traditional requirements of marriage.

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SHANTANU MISHRA 06 December 2019

The Special Marriage Act is in reality an Indian Marriage Act, which applies to all Indian Communities irrespective of caste, creed or religion.

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SHANTANU MISHRA 06 December 2019

The Special Marriage Act 1954 is not concerned with the religion of the parties to an intended marriage. Under the Act any person, whichever religion he or she professes, may marry either within his or her community or in a community other than his or her own, provided that the intended marriage in either case is in accord with the conditions for marriage laid down in the Act.
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No religious rituals or ceremonies are required from the marriage to be completed under the Special Marriage Act. It is up to the parties to decide whether they want to do marriage rituals or not. The marriage solemnized under Special Marriage Act is registered and a Certificate of Marriage is given to the parties. The Certificate shall be signed by the parties to the marriage and witnesses which is deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized.
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The Special Marriage Act provides an option of turning an existing religious marriage solemnized in any other form under any other law into a civil marriage by registering it under its provisions, provided that it is in accord with the condition for marriage laid down under the Act. This provision of subsequent registration enables parties to avail secular and uniform remedies despite the solemnization of marriage through performance of religious ceremonies under one's own personal laws. This aids them in overcoming the constraints or discrimination faced in their own personal laws.

Suraj123456789 (Other) 06 December 2019

Please advise, they can marry or not? If they can than suggest the way. Thank you

Originally posted by : SHANTANU MISHRA
	The Special Marriage Act 1954 is not concerned with the religion of the parties to an intended marriage. Under the Act any person, whichever religion he or she professes, may marry either within his or her community or in a community other than his or her own, provided that the intended marriage in either case is in accord with the conditions for marriage laid down in the Act...No religious rituals or ceremonies are required from the marriage to be completed under the Special Marriage Act. It is up to the parties to decide whether they want to do marriage rituals or not. The marriage solemnized under Special Marriage Act is registered and a Certificate of Marriage is given to the parties. The Certificate shall be signed by the parties to the marriage and witnesses which is deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized. ..The Special Marriage Act provides an option of turning an existing religious marriage solemnized in any other form under any other law into a civil marriage by registering it under its provisions, provided that it is in accord with the condition for marriage laid down under the Act. This provision of subsequent registration enables parties to avail secular and uniform remedies despite the solemnization of marriage through performance of religious ceremonies under one's own personal laws. This aids them in overcoming the constraints or discrimination faced in their own personal laws.

Adv Vinay Mathur + 8447131770 (Advocate) 07 December 2019

under Special Marriage Act Sapinda Marriage is prohibited

Suraj123456789 (Other) 07 December 2019

Please refer which section prohibits to do that.

Originally posted by : Adv Vinay Mathur + 8447131770
	under Special Marriage Act Sapinda Marriage is prohibited

Adv Vinay Mathur + 8447131770 (Advocate) 07 December 2019

section 18 of Hindu Marriage Act provides punishment if marriage is performed by the parties who are sapinda. since you are already married, sections 494 and 495 of the Indian Penal Code (XLV of 1860) shall apply accordingly.

Hindu marriage act v/s special marriege act

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