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Q. |
After marriage what legal steps
should a couple take?
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After marriage every couple is advised
to make a will bequeathing their estate in order to avoid ambiguity or disputes
relating to their property in the unlikely event of untimely death. One may also
review their nominations under insurance policies, society or club memberships,
provident fund, shares and other securities. Interstate succession (i.e.
succession in case of deceased leaving no will), to the estate of a Hindu is
governed by the Hindu Succession Act, 1956 and allied laws. While interstate
succession to the estate of persons of other faiths is governed by the Indian
Succession Act, 1925. |
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Q. |
Is the Special Marriage
Act applicable only if it is an inter-religious marriage?
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No. Parties to a marriage have the option of either marrying under their respective
religious laws (Hindu Marriage Act, Indian Christian Marriages Act etc) or under
the Special Marriage Act. If the parties choose that they will not marry under
any of the religious laws or if it is an inter religion marriage, they can opt
for registering their marriages under the Special Marriage Act. |
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Q. |
What are the conditions for a valid marriage under the
Special Marriage Act?
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The parties to a marriage have to be
consenting adults i.e. the Bridegroom should be over 21 years and bride over 18
years. The parties should be unmarried and within the degrees of a prohibited
relationship. Financial status, caste and religion of either party do not
matter. |
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Q. |
I do not plan to change my maiden name
after marriage. Do I need to indicate this to the Registrar of
Marriages?
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No, the same is not required. There no legal
requirement for women to change their name or surname post marriage.
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