A couple already married under the Hindu Marriage Act, 1955 (HMA) can register their marriage under the Special Marriage Act, 1954 (SMA), without requiring a divorce. Once registered under the SMA, the marriage is governed by that Act and not by the HMA. The SMA provides a secular, civil marriage option for any two individuals.
Registering a Hindu Marriage under the SMA
Under Section 15 of the SMA, 1954, a marriage already solemnized under a personal law — such as the HMA — can be registered under the SMA, provided the conditions specified under that Section are satisfied.
The requirements for a valid marriage under the SMA include that neither party shall have a living spouse, and that they meet the prescribed age requirements — 21 years or above for the male party and 18 years or above for the female party.
Provisions of the Hindu Marriage Act No Longer Apply
Once so registered, the marriage is deemed to have been solemnized under the SMA, and the provisions of the Hindu Marriage Act, 1955, shall no longer apply for any purpose.
Succession Continues to be Governed by Hindu Law
While the provisions of the SMA apply in all other respects, if both parties are Hindus, Buddhists, Sikhs, or Jains, the succession to their property shall continue to be governed by the Hindu Succession Act, 1956.
Such Registration is Quite Common Among Migrants
Registration under the Special Marriage Act is increasingly common in cases where parties require civil documentation of their marriage for immigration purposes or for legal clarity, without disturbing the validity of their existing religious marriage.
