CONSEQUENCES OF MARRIAGE UNDER THIS ACTCentral

Section 21A of The Special Marriage Act, 1954

Special provision in certain cases.

1[21A. Special provision in certain cases.-- Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu, Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of section 20 as creates a disability shall also not apply.]

Summary

This section creates a special exception for couples when both partners belong to the Hindu, Buddhist, Sikh, or Jaina religions.
For these specific couples, the rule of automatic separation from their joint family does not apply.
The standard civil inheritance rules under Section 21 of the Act do not apply to these couples, letting their personal religious laws govern inheritance instead.
Any legal disability or loss of rights that would normally occur under Section 20 of the Act is also cancelled for these couples.

Practical examples

1Anil and Sunita, who are both practicing Sikhs, get married under this Act. Unlike other couples under this Act, Anil does not lose his membership or rights in his undivided family, because Section 21A protects his family status.

2Rajesh and Meena are both Hindus who solemnize their marriage under this special law in 2026. When Rajesh dies, his family inheritance is governed by the Hindu Succession Act, 1956, rather than the general Indian Succession Act, 1925, because Section 21A exempts them from the default rules.

FAQ

1. What is the main purpose of Section 21A of the Special Marriage Act, 1954?

The main purpose of Section 21A of the Special Marriage Act, 1954, is to ensure that if two Hindus, Buddhists, Sikhs, or Jainas marry under this Act, they keep their joint family status and personal inheritance laws.

2. If two Buddhists marry under the Special Marriage Act, 1954, does the husband get separated from his joint family?

No, under Section 21A of the Special Marriage Act, 1954, the automatic separation from a joint family under Section 19 does not apply when both partners are Buddhist.

3. Does Section 21 of the Special Marriage Act, 1954, apply to a Jaina couple married under this Act?

No, Section 21A of the Special Marriage Act, 1954, states that Section 21 does not apply when both partners belong to the Jaina, Hindu, Buddhist, or Sikh religions.

Test yourself

1.Under Section 21A of the Special Marriage Act, 1954, which religious groups are covered by this special provision?

2.How does Section 21A of the Special Marriage Act, 1954, change the application of Section 19 of the Act?

3.Under Section 21A of the Special Marriage Act, 1954, if two Sikhs marry under the Act, how is their property inheritance regulated?

4.What happens to the rights and disabilities under Section 20 when Section 21A of the Special Marriage Act, 1954, is active?

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