Section 18 of the Special Marriage Act – Effect of registration of marriage under this Chapter (Special Marriage Act, 1954)
Introduction
Section 18 of the Special Marriage Act, 1954 explains the legal effect of registering a marriage under Chapter III of the Act. This provision clarifies that once a marriage is duly registered in accordance with the prescribed procedure, it acquires full legal recognition under the Special Marriage Act, irrespective of the personal laws otherwise applicable to the parties.
Purpose of Section 18
The primary purpose of Section 18 is to:
- Confer legal validity on marriages registered under Chapter III of the Act.
- Bring such marriages within the statutory framework of the Special Marriage Act.
- Ensure that the rights and obligations of the parties are governed by the Act after registration.
- Remove ambiguity regarding the status of marriages registered under this Chapter
Legal Effect of Registration under Section 18
Deemed Marriage under the Special Marriage Act
Upon registration under Chapter III, the marriage is deemed to be a marriage solemnized under the Special Marriage Act, and not merely a personal or customary marriage.
Applicability of Provisions of the Act
From the date of registration, the provisions of the Special Marriage Act relating to matrimonial rights, obligations, and remedies become applicable to the parties.
Change in Governing Law
The marriage, after registration, is governed by the Special Marriage Act rather than the personal law or custom under which it may have originally been solemnized.
Legal Recognition and Enforceability
The registered marriage is fully recognized in law and can be relied upon in courts and legal proceedings for purposes such as maintenance, inheritance, divorce, and other matrimonial reliefs.
Conclusion
Section 18 plays a crucial role in granting legal recognition and statutory protection to marriages registered under Chapter III of the Special Marriage Act, 1954. By declaring the effect of registration, it ensures certainty, uniformity, and enforceability of marital rights and obligations, thereby strengthening the legal status of registered marriages.