Section 18 of SMA : Section 18: Effect Of Registration Of Marriage Under This Chapter
The Special Marriage Act, 1954
Bare Act
- CHAPTER III: REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS
Subject to the provisions contained in sub - section (2) of section 24, where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be and always to have been the legitimate children of their parents:
Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.
Simplified Act
Once a marriage is officially recorded in the Marriage Certificate Book according to this law, from that moment on, the marriage is recognized as having been properly conducted under this Act. Also, any children born after the marriage ceremony (and whose names are recorded in the Marriage Certificate Book) are considered legitimate offspring of the couple from the start.
H...
Explanation using Example
Imagine a couple, Ravi and Priya, who belong to different religions and decide to get married under the Special Marriage Act, 1954. They go through the required procedures and their marriage is duly registered, with the certificate of marriage being entered into the Marriage Certificate Book. As per Section 18 of the Act, from the date of entry, their marriage is legally recognized.
A few years later, they have a child named Aarav. Aarav's birth details are also entered into the Marriage Certificate Book. According to the law, Aarav is considered the legitimate child of Ravi and Priya from the moment of his birth. This means that Aarav is entitled to inherit from his parents and has all the legal rights of a child born in a marriage rec...