Special marriage act - Christan got married to Hindu

Dear Mr. Prabhakar,

Thanks for the information. I will check with the SDM's office. But my only doubt is whether actual marriage date would be considered or not and what about my kids.

Hallow,

Just go through the bellow act. Your matter covered the bold portion of the act. Normally you cannot marry under the hma, but if you marry, enjoy the marriage and thereafter try to get escaped from the marriage responsibilities on saying that as you are not a Hindu therefore HMA has no power to attract the marriage, then you will understand the power of HMA by virtue of sec 2(3) of the act. Though you are not a Hindu but by virtue of sec 2 (3) you will be attracted under HMA as the marriage already solemnized under the Hindu marriage act.

In a marriage only spouses are concerned. No other can interfere into it. If both the spouses changed their religion the personal law changed accordingly. But if there is a difference of opinion or divorce situation comes, then the whole matter comes into lime light. Though sec (a) & (c) refuses the marriage but sec 2(3) attracts your marriage.

It is a theoretical question that, what will be the position of your first marriage, if you gone through another marriage, under another marriage act, which one will be active first or second?

Are you refused by the register of Hindu marriages? Then what is the use of another marriage?

Final decision is your’s, but think before you done. One wrong step cannot be washed by another wrong step.

HMA SEC 2. Application of Act.

(1)   This Act applies-

(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,

(b)   to any person who is a Buddhist, Jaina or Sikh by       religion, and

(c) to any other person domiciled in the territories to       which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation.-The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:-

(a)   any child, legitimate or illegitimate, both of whose      parents are Hindus, Buddhists, Jains or Sikhs by religion;

(b)   any child, legitimate or illegitimate, one of whose       parents is Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged ; and

(c)   any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion.

(2)   Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

(3) The expression "Hindu" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

DEAR Mr. Gupta,

the interpretation made by  you of sec 2(3) is legally not tenable. please read some good commentary book over this issue. that will clear your doubts. 

please go through extracts of this caselaw (although the case does not specifically this matter under the said case law) :

 

Sasanka Sekhar Basu vs Miss Dipika Roy AIR 1993 Cal 203, (1993) 1 CALLT 226 HC, 1993 (2) CHN 179

 
20. Without going into the merits of such questions as to whether the
defendant opposite party was not a Hindu within the meaning of Hindu Marriage
Act and that the plaintiff petitioner came to know subsequent to the marriage
that defendant opposite party allegedly is a Christian and whether there can be
a marriage between a Hindu and a Christian under the Hindu Marriage Act under
the facts and circumstances of the case, I am of the view that the question
whether a marriage solemnized between a Hindu and alleged Christian as per the
Hindu rites is no marriage under the Hindu Marriage Act merits consideration in
the suit itself.

Dear Mr. Prabhakar, Thank you once again for the information. Infact, I would like to thank everyone here. I am visiting the district magistrate office soon and update here. I am sure; I will be able to register the marriage without any problem.

mr manish,

i could not get the said case by net searching.

if you have please post it.

please interpreat sec 2(3) of hma.

Dear Mr. Gupta,

with due respect i would like to explain herein that section 2(3) speaks only about the extension of applicability of the HMA upon those persons too who may be considered hindus by virtue of section 2, most specifically section 2(c), as a whole and not outside the scope of section 2.

section 2 (c) says that the act would be applicable to all those persons residing in the jurisdiction who is not a muslim, christian,  parsi or jew unless and until the said person is able to show that he is not governed by any offspring of the hindu laws or any custom /tradition related to hindu laws. and also, the HMA shall be applicable on persons falling under sec 2(c) subsec (a), (b) and (c).

i hope this clear your doubts.

can two hindus marry under SMA or is it compulory for himdus to marry under HMA itself?

mr arun,

yes can two hindus marry under the special marriage act.

Approach Registrar and register under special marriage Act only.. no time limitation for registering.. 

mr arun

it is not compulsary to marry under hma, option is there either hma or sma. sma provides more scientific way of marriage.

Arup kumar is right