Name: Shivam Singh

Roll Number: 1522 (Fifteen Hundred Twenty-Two)

Semester: UG SEM VI
Subject: Family law 1
CA - 1
Q.1 India is a secular country and a wide number of religions are freely practised. The major
religions practised include Hinduism, Islam and Christianity. People solemnise marriages in
accordance with religious rituals and ceremonies, which are mostly codified by statutory
personal laws. Therefore, the matrimonial laws in India, including laws on marriage, divorce
and other connected issues, are essentially governed by the personal laws of the parties
depending on their religion, which are codified by statute in most cases. The Special
Marriage Act deals with inter-caste and inter-religion marriages. The Special Marriage Act is
a special law enacted to provide for a unique form of marriage by registration wherein the
parties to the marriage do not have to renounce their religion. The marriage is contracted at
the common registry within the sight of marriage officer designated by the state and three
observers as said in the Act. No religious customs or services are required from the marriage
to be finished. It's upon the gathering that they need to do marriage ceremonies or not. The
marriage under this Act is basically polite marriage and is required to finish the common
conventions. Gatherings who plan to get hitched under the Special marriage Act might give a
notice in writing in the predetermined shape to the Marriage Officer of the region in which no
less than one of the gatherings to the marriage has lived for a time of at least thirty days
instantly going before the date on which such notice is given.
First and foremost, step is to notify the public at large, regarding the intention of the parties to
marry by way of issuance of notice in writing in the form and format, as prescribed in the
Second Schedule to the Marriage Officer of the District in which at least one of the intending
parties to the marriage has resided for a period not less than 30 days immediately preceding
the date on which such notice of intention is being issued.
As per Section 6 of the Act, an application when received by the marriage officer as under
Section 5 of the Act, duly signed by both parties, marriage officer shall enter a true copy of
every such notice in a book prescribed for that purpose, to be called the Marriage Notice
Book. And the book shall be open for inspection at all reasonable times, without fee, by any
person desirous of inspecting the same. Further, The Marriage Officer shall cause every such
notice to be published by affixing a copy thereof to some conspicuous place in his office
which shall be visible to the public, as per the Section 7 of the Act, for inspection for a period
of thirty days to raise objections to the intended marriage if any. While such objection to the
marriage if any shall be on the ground that it would contravene one or more of the conditions
specified in Sec.4.
If the objections so raised are valid and the same are decided against the marriage of the
parties concerned, the bride or groom may, as under Section 8 of the Act, within thirty days
of such refusal, appeal to the district court.
Once the objections are dealt with, the marriage may be solemnized at the expiry of 30 days.
The notice is valid for 3 months. Before the marriage is solemnized, as required under
Section 11 of the Act, the parties along with three witnesses must make a Declaration to that
effect, in the presence of the Marriage Officer in the form, as prescribed in the Third
Schedule.
Therefore, X and Y should get married under Special marriage act in order to not
compromise on their own faiths.
Q.2.
B. In this case Hindu Marriage Act will not apply
- Due to the application of Section 2 of the Hindu Marriage Act, 1955.
- As per Explanation B of Section 2 of the Hindu Marriage Act, 1955. Any child
one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who
is brought up as a member of the tribe, community, group or family to which
such parent belongs or belonged; can be said to be governed by Hindu
marriage Act, 1955.
- But in the present case Z born to a Hindu mother and a Muslim father, was
brought up as a Muslim.
- Thus, Hindu marriage Act, 1955 will not apply.

C. In this case Hindu Marriage Act will not apply

- Due to the application of Section 2 of the Hindu Marriage Act, 1955.
- Section, 2(2) says that “Notwithstanding anything contained in sub-section (1),
nothing contained in this Act shall apply to the members of any Scheduled Tribe
within the meaning of clause (25) of Article 366 of the Constitution unless the
Central Government”
 Thus, Hindu Marriage Act will not apply in the present case Since X,
who may be Hindu woman, but belongs to one of the Schedule Tribes
of India.
A. In this case Hindu Marriage Act will apply.
- Due to the application of Section 2 of the Hindu Marriage Act, 1955.
- Section 2(1) Explanation (c) says that Hindu Marriage Act applies to any person
who is a convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion.
o In the present case since Y, was a Hindu, who even if got converted into Islam
in but again reconverted to their initial faith, which is Hindu.
o Thus, Hindu Marriage Act, 1955 will apply.