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Report No. 212

B. Under the Special Marriage Act 1954

Under the new Special Marriage Act 1954 the provision regarding severance from joint family in the case of a Hindu, Sikh, Buddhist or Jain opting for a civil marriage was retained (Section 19). The provision for the availability of the Caste Disabilities Removal Act 1850 was extended to everybody opting for a civil marriage (Section 20). As regards inheritance, Section 21 of the Act provided as follows:

"Notwithstanding any restrictions contained in the Indian Succession Act 1925 with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this Section that Act shall have effect as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom."

This provision was uniformly applicable to whoever opted for a civil marriage, whether within or outside one's community. As a result, all personal laws of succession ceased to apply in the cases of civil marriages. .



Laws of Civil Marriages in India - A Proposal to Resolve certain Conflicts Back




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