Code: Section 18 of The Special Marriage Act (SMA)
Section 18: Effect of Registration of Marriage Under This Chapter
After a marriage certificate is entered into the Marriage Certificate Book, the marriage is considered legally valid under this Act. The marriage takes effect from the registration date. Additionally, any children born after the marriage and whose names are recorded in the Marriage Certificate Book are deemed legitimate. However, these children will not acquire property rights from anyone other than their parents unless they would have been considered legitimate under other laws.
Explanation of Section 18 of the Special Marriage Act (SMA)
Section 18 of the Special Marriage Act (SMA) outlines the legal consequences of registering a marriage:
- Marriage Registration: The marriage becomes valid once it is officially entered in the Marriage Certificate Book. The date of registration serves as the effective date of the marriage.
- Legitimacy of Children: Children born after the marriage registration are automatically recognized as legitimate. Their names will also be entered into the Marriage Certificate Book, confirming their status.
- Property Rights: While these children are legitimate, they only inherit property from their parents. They do not gain rights to the property of others unless other laws would have granted them legitimacy.
In short, Section 18 ensures that marriages registered under this Act are legally binding, confirms the legitimacy of children born after registration, and specifies the limitations regarding property rights.
Illustration
Example 1: Marriage Registration
A couple completes the marriage registration process. This makes the marriage legally binding under the SMA, with the date of registration marking its official recognition.
Example 2: Legitimacy of Children
Any children born after the marriage registration will be considered legitimate once their names are added to the Marriage Certificate Book.
Example 3: Property Rights
Although children are legitimate, they can only inherit property from their parents, not from anyone else.
Common Questions and Answers on Section 18 of the Special Marriage Act (SMA)
1. What happens when a marriage is registered under the Special Marriage Act?
- Answer: The marriage is legally recognized under the Act. Children born after registration are considered legitimate if their names are listed in the Marriage Certificate Book.
2. Can children born after the registration inherit property from their parents?
- Answer: Yes, children born after registration inherit property from their parents. However, they do not automatically gain property rights from other individuals.
3. How does the registration of marriage affect the property rights of children?
- Answer: The registration ensures the legitimacy of children but limits their property rights to their parents only.
Conclusion
Section 18 of the Special Marriage Act (SMA) ensures that marriages registered under this Act are legally binding. It also recognizes children born after the registration as legitimate and restricts their inheritance rights to those of their parents.
