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vivekanand (AA)     16 March 2011

Special Marriage act and religion conversion

I am a tribal boy follow Tribal ritual(much related to hindu rituals/religion) and my girl friend is christian(tribal). My in-laws are insisting me to get converted to christian (just for marriage purpose so that it could be socially accepatble in their family and society). They have no objection after marriage wheather I and her daughter follow Tribal belief/hindu religion. 

So we have decided to get  married firstly under special marriage act and then under church marriage (after conversion).

What could be consequences of this kind of marriage. As 1st marriage under special marriage act and then after converted to christian to get married in church.

Regards,

Vivekanand 

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 March 2011

 

Any two person (irrespective of their religion) can marry under the Special Marriage Act, 1954.The formalities for a Civil Marriage under the Special Marriage Act commence with a notice given by the bride and bridegroom to the Marriage Officer of the district in which one of them had been residing immediately previous to the notice for at least 30 days. The Marriage Officer records the notice in the Marriage Notice book and affixes a copy of the notice to a conspicuous part of his office and sends a copy to the Marriage Officer of the District in which the party giving the notice has permanent residence and it would be affixed by that officer also in his office. When the notice is thus published by the Marriage Officer, 30 days time is given for any person to raise any objections to the intended marriage. From the date of receipt of objections within 30 days the Marriage Officer should enquire into the objections. If he upholds the objections, either party to the intended marriage may prefer an appeal to the District  Court whose decision is final.When there is no objection or the objection has been rejected, the parties with 3 witnesses sign in the presence of the Marriage Officer declarations to the effect that they are unmarried and are not related within prohibited degrees and have completed 21 years (husband) and 18 years (wife) respectively. Then the marriage is solemnized in any form which the parties choose to adopt.


 
 


 

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Ambika Prasad Mishra (Lawyer)     16 March 2011

A legal marriage can be solemnised in various ways viz. under Special marriage Act or under the personal laws of the parties. Once you get married under Special Marriage Act means your marriage is legal one and it is immaterial whether you subsequently undergo marriage ceremony as per christian law or not. If you undergo marriage ceremony provided under charistian law it would hav no effect on the legal character of your marriage. However, for the purpose of succession your legal heirs shall be governed by the provisions of special marriage act and not by the personal law applicable to you.


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