Special marriage act - Christan got married to Hindu

Mr. Manish Singh is absolutely correct.

You can get your marriage is registered under Special Marriage Act and there is no problem fro registration and there will be no problem after registration.

The procedure is also so simple.  Visit Delhi Government web-site, as you are in Dwaraka.  There, the application, the affidavits to be submitted by both husband and wife, the documents required to be filed along with the application are specifically mentioned and you down load them and fill them up and go along with your wife to your area S.D.M.  the address is also given on the web site and submit the documents.  They ask you to chose any date, one month after filing the application and you chose the convenient date and on that date go to the SDM office along with three witnesses and your marriage will be solemnized and registration certificate will be given on the same date or on the next date.   

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.

In your case, it is only registration of marriage, which has already been occured either validly or invalidly, and gives legal validity.  Hence, the date of marriage is the actual date of marriage, which was held years back and now it is only a registration of marriage, already occured.  Hence, your children are purely legitimate and the relationship between you and your wife before the marriage is purely legitimate.  For giving you satisfaction and confidence, I reproduce below the relevant part of Special Marriage Act and hope you will not be confused any more.  For registration of this marriage, advocate's assistance is not at all required.

CHAPTER III
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.

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