Search Blog

Tuesday, April 16

Severance from Joint Family when marriage solemnized under Foreign Marriage Act, 1969



As per section 18 (i) of the Foreign Marriage Act, 1969, the provisions of Chapter IV, V, VI and VII of the Special Marriage Act, 1954, are applicable to the foreign marriage solemnized under the Foreign Marriage Act, 1969

Section 19 of the Special Marriage Act, 1954 (Chapter IV) states as under:

 

“The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family”

 

 

Thus by virtue of section 18 of Foreign Marriage Act, 1969 read with section 19 of the Special Marriage Act, 1954, if any member of an undivided family who belongs to Hindu, Buddhist, Sikh or Jain religions solemnize marriages under the Foreign Marriage Act, 1969, he or she shall be deemed to effect his severance from such family.

 


However such severance will not take place when a person (who is Hindu, Buddhist, Sikh or Jain by religion solemnize marriage with a person who is also from the Hindu, Buddhist, Sikh or Jain religion. This is as per section 18 of Foreign Marriage Act, 1969 read with section 21A of the Special Marriage Act, 1954
.