A couple already married under the Hindu Marriage Act, 1955 (HMA) can register their marriage under Section 15 of the Special Marriage Act, 1954 (SMA), without requiring a divorce under HMA. Once registered under the SMA, the marriage is governed by the SMA 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.
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 other than succession.
Hindu Marriage Act No Longer Apply
When a marriage is solemnized under the SMA, the divorce must be sought under the SMA alone — specifically under Section 27 of the Act, which provides the grounds for divorce.
By virtue of Section 27 read with the Preamble and the object of the SMA as a secular, religion-neutral legislation, parties who marry under the said Act are, generally, governed exclusively by its provisions in all matters relating to divorce and matrimonial relief, and cannot invoke their respective personal laws for such relief.
In Dr.Kiran Kumar vs Dr.Bini Marim Chandi, the High Court of Kerala observed that a petition for divorce under Section 27 of the Special Marriage Act, 1954 can be filed only when the marriage is solemnised or deemed to be solemnised under the provisions of that Act.
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.
This is because Section 21A SMA expressly excludes Section 21 (which would otherwise attract the Indian Succession Act) when both spouses profess the Hindu, Buddhist, Sikh, or Jain religion.
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.
Very Good Information 👍