Site navigation

A Hindu, Buddhist, Sikh or Jaina member of an undivided family marries under the Special Marriage Act,…

Section 19 contains the severance rule. Under section 21A, sections 19 and 21 do not apply where both spouses profess a Hindu, Buddhist, Sikh or Jaina religion. Section 4…

Choose your answer

A Hindu, Buddhist, Sikh or Jaina member of an undivided family marries under the Special Marriage Act, 1954. Their spouse professes none of those religions. Which section deems the member to have severed from the family?

Select one answer
Answer and explanation

Correct answer C

Section 19 contains the severance rule. Under section 21A, sections 19 and 21 do not apply where both spouses profess a Hindu, Buddhist, Sikh or Jaina religion. Section 4 sets conditions for solemnising a special marriage. Section 18 governs the effect of registering a marriage celebrated in another form, and section 21 sets the general succession rule.

Option feedback

Option A

Incorrect. Section 4 of the Special Marriage Act, 1954 prescribes the conditions relating to solemnization of special marriages.

Option B

Incorrect. Section 18 of the Special Marriage Act, 1954 deals with the effect of registration of marriage under Chapter III (specifically the legitimacy of children of marriages celebrated under other forms and registered under the Act).

Option C

Section 19 provides for deemed severance from the undivided family. Section 21A disapplies the rule when both spouses profess one of the specified religions.

Option D

Incorrect. Section 21 of the Special Marriage Act, 1954 provides that succession to the property of any person whose marriage is solemnized under the Act, and to the property of the issue of such marriage, shall be regulated by the Indian Succession Act, 1925 (subject to Section 21A).

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic