Chapter IV§19–21A
Consequences of Marriage Under This Act
The 'side-effects' that a Special-Marriage-Act wedding produces. §19 severs a Hindu/Buddhist/Sikh/Jain spouse from the undivided family. §20 preserves rights of succession (and disabilities) the same as under the Caste Disabilities Removal Act. §21 routes succession of the couple's and issue's property through the Indian Succession Act, 1925, dropping the Parsi-Intestate special rules. §21A then carves Hindu/Buddhist/Sikh/Jain inter se SMA couples out of §§19, 20 and 21 — they retain their personal-law family-and-succession position.
4 sections · MVP coverage
Effect of marriage on member of undivided family
Solemnisation under this Act of a member of an undivided Hindu, Buddhist, Sikh or Jain family severs that member from the family (subject to the §21A carve-out).
The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religions shall be deemed to effect his severance from such family.
Rights and disabilities not affected by Act
Subject to §19, an SMA spouse has the same succession rights (and disabilities) as a person to whom the Caste Disabilities Removal Act, 1850 applies.
Subject to the provisions of section 19, any person whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 (21 of 1850), applies.
Succession to property of parties married under Act
Succession to property of an SMA spouse — and of the issue of that marriage — is governed by the Indian Succession Act, 1925, with Chapter III of Part V (Parsi-Intestate special rules) treated as omitted.
Notwithstanding any restrictions contained in the Indian Succession Act, 1925 (39 of 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 Act shall have effect as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom.
Special provision in certain cases
Where both SMA spouses are Hindu, Buddhist, Sikh or Jain, §§19 and 21 do not apply, and the disability-creating portion of §20 also does not apply — i.e., their personal-law family and succession position is untouched.
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.