Sage-Tips

Can a Hindu marry a Hindu under Special Marriage Act?

Any person, irrespective of religion. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954. Inter-religion marriages are performed under this Act.

When a marriage becomes void under the Special Marriage Act?

Section 24 of the Act provides that any marriage solemnized under the Special Marriage Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if any of the conditions specified in clauses (a), (b), (c) and (d) of Section 4 has …

Is registration of marriage compulsory under Special Marriage Act?

Unlike personal laws, the Special Marriage Act’s applicability extends to all Indian citizens regardless of their religion. Although marriage laws allow only the registration of an already solemnized marriage under personal laws, the Special Marriage Act provides for both solemnizations and legal registration.

Can we do nikah after special marriage?

Advocate Upasana Goel. if both the spouses were muslim at the time of marriage then a nikah has same legal standing as of marriage under the special marriage act 1954. non the less marriage under the special marriage act is legally valid hence this certificate of marriage is valid for the other purposes also.

Is Hindu marriage valid without registration?

1) For marriage to be valid it does not have to be registered. 2) Your marriage was performed as power Hindu Vedic rites and rituals and therefore it is a valid marriage despite the separation for two years. 3) Neither of you can marry until you obtain a Divorce Decree from the court.

Is marriage certificate important?

A marriage certificate is an important document to have for married couples in India. It serves as the legal proof of marriage between two individuals. Getting their marriage registered and having a marriage certificate is necessary for married couples in order to avail a number of services/facilities in the country.

Can a Hindu marriage be annulled?

A marriage is automatically void and is automatically annulled when it is prohibited by law. Section 11 of Hindu Marriage Act, 1955 deals with: Bigamy – If either spouse was still legally married to another person at the time of the marriage then the marriage is void and no formal annulment is necessary.

Is registration of Hindu marriage is mandatory?

Under the Hindu law registration is not compulsory until and unless the state makes it compulsory. The procedure will be same as under Special Marriage Act only the number of witness changes from three to two. Marriage under Muslim law is a contract and hence registration is the basic essential for validating Nikah.

When did marriage registration become mandatory in India?

(Nov. 2, 2007) On October 25, 2007, the Supreme Court of India ruled that all marriages must be registered without any exception for any religion. The court directed all states and union territories to enact legislation within three months to make registration of all marriages compulsory.

What is Section 4 of Special Marriage Act?

Section 4 of the act defines the condition relating to solemnizing of special marriages which include some clauses which have to be fulfilled by the parties getting married, they are as follows: Neither party has a spouse living.

What happens if a customary marriage is not registered?

The short answer is NO: Failure to register a customary marriage does not affect the validity of that marriage. The Recognition of Customary Marriages Act 120 of 1998 (the Act) sets out the requirements for a valid customary marriage concluded before or after 15 November 2000, when the act commenced.