Section 18 of SMA : Section 18: Effect Of Registration Of Marriage Under This Chapter

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 recognized by law.

However, if Ravi has a relative who passed away before the Special Marriage Act was enacted, and that relative's will specified that only children born in a traditional marriage within their community could inherit, Aarav would not have a right to the relative's property. This is because Section 18 does not grant rights to children with respect to the property of persons other than their parents, in cases where such rights would not have existed if the Act had not been passed.