• A Hindu girl from Andhra Pradesh and a Christian tribal boy from Jharkhand want to get married

Both the girl and boy have gotten their education outside of their home states and are exploring ways to get married. 
The boy's parents don't want the boy to loose their heritage and inheritance of the land in Jharkhand as he is the only successor to the family. 
The girl's parents also have similar apprehensions and are confused if it would be right for the girl to agree to convert to Christianity. 
Both, the girl and boy want to understand the benefits and drawbacks of getting married in Special marriage act and Indian Christian Marriage Act. What are the rights that either of the two individuals will lose out under the different marriage acts?
Asked 11 months ago in Family Law
Religion: Christian

12 answers received from multiple lawyers

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12 Answers

If you would like to get married under Christian marriage act'

The parties to the marriage must be Christian as defined under section 3 of the Act or at least one of them must be a Christian and the marriage must have been solemnised in accordance with the provisions of section 5 of the Act by a person duly authorised to do so.

If a marriage is solemnised between the parties under the Indian. Christian Marriage Act, it will have different consequences regarding relief or divorce etc.

You can get married under the provisions of special marriage act if you both are major by age. 

Under the Special Marriage Act, 1954, two people belonging to different religions can get married without converting to another religion.

 person who marries under the Special Marriage Act and then converts to the partner's religion is entitled to invoke the jurisdiction of a family court instead of personal law for dissolution of marriage, the Delhi High Court has ruled.

T Kalaiselvan
Advocate, Vellore
87800 Answers
2365 Consultations

Both the girl and boy marry each other without loosing their respective religion by registering the marriage under Special Marriage Act

Devajyoti Barman
Advocate, Kolkata
23351 Answers
522 Consultations

You can get married under provisions of special marriage act 

 

2) you don’t need to change your religion for getting married under special marriage act 

 

3) don’t convert to Christianity for getting married 

Ajay Sethi
Advocate, Mumbai
97598 Answers
7900 Consultations

Get married under special marriage Act

Prashant Nayak
Advocate, Mumbai
32931 Answers
209 Consultations

Girl will not lose her right if she gets married under SMA 

 

boy continues to be a tribal and will not lose his inheritance 

Ajay Sethi
Advocate, Mumbai
97598 Answers
7900 Consultations

The boy will not lose any rights what he is entitled just because he got married under special marriage act.

The girl's rights as per her birth will remain secured.

T Kalaiselvan
Advocate, Vellore
87800 Answers
2365 Consultations

- If the boy and girl are major age , then they can perform their marriage without getting the consent of their respective parents 

- Further, they can register the marriage under Special marriage Act, and nothing they will loose if they opt for SMA.

 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

1. If both of them marry as per Special Marriage Act then they will keep on enjoying all the rights they are presently enjoying being a Hindu and a Christian.

 

2. Additionally both of them will enjoy their matrimonial bliss without loosing their individual religious identity.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

1. Such law was applicable in J & K only before Article 370 was removed.

 

2. In the instant case none will loose their individual ancestral rights.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

Dear Querist,

Inheritance will not be left due to this marriage if the family members of both the sides are ready and willing to give their respective properties to their children.

they may execute a Will in Advance and by that Will the parties may get inheritance after their demise.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

No he will not lose

Prashant Nayak
Advocate, Mumbai
32931 Answers
209 Consultations

Special Marriage Act vs. Indian Christian Marriage Act: Considerations for an Interfaith Couple

 

Here's a breakdown of the Special Marriage Act (SMA) and the Indian Christian Marriage Act (ICMA) to help the couple understand the implications of each:

 

Special Marriage Act (SMA)

 

Benefits:

 

Secular: Doesn't require conversion for either partner.Simple Procedure: Relatively straightforward registration process.Equal Rights: Provides equal property and inheritance rights for both spouses.

 

Drawbacks:

 

Inter-religious Issues: Parents' concerns about cultural heritage and inheritance might persist. While the law protects women's property rights, social pressures regarding ancestral land might remain.

 

Indian Christian Marriage Act (ICMA)

 

Benefits:

 

Religious Sanction: May hold religious significance for the Christian partner and their family.

 

Drawbacks:

 

Conversion Requirement: The non-Christian partner would need to convert to Christianity before marriage.Unequal Inheritance (Possible): In some Christian denominations, inheritance laws might favor male offspring. It's crucial to understand the specific denomination's practices.

 

Rights to Consider:

 

Property and Inheritance: Both SMA and ICMA provide women with inheritance rights. However, local customs and traditions regarding ancestral property, especially in the boy's case, might influence how inheritance is handled in practice. Open communication with both families is essential.Religious Freedom: The SMA safeguards the right to practice one's religion after marriage. ICMA doesn't restrict religious freedom, but social expectations within the Christian family might create pressure to conform to their practices.

 

 

Anik Miu
Advocate, Bangalore
10420 Answers
121 Consultations

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