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Section 21A – Special Provision In Certain Cases

The Special Marriage Act, 1954

CHAPTER IV: CONSEQUENCES OF MARRIAGE UNDER THIS ACT

Section 21A: Special Provision In Certain Cases

Explanation using examples

Imagine Ravi, a Hindu man, decides to marry Priya, a Sikh woman. They choose to get married under The Special Marriage Act, 1954, which allows for inter-religious marriages. According to Section 21A of this Act, because both Ravi and Priya belong to religions that are specified in the Act (Hindu and Sikh respectively), certain provisions that normally apply to marriages under this Act are not applicable to them.

For instance, Section 19 deals with the legitimacy of children from certain marriages and Section 21 deals with penalties for making false declarations in connection with the requirements for marriage under this Act. Section 20 imposes disabilities in certain cases. However, because both individuals are from the religions mentioned in Section 21A, these sections (19, 21, and part of 20) do not apply to their marriage. This means that their marriage is free from the disabilities and penalties that might otherwise affect couples not covered by Section 21A.

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