Section 21A, Special Marriage Act: Marriage of Two Hindus

Many Hindu couples marry under the Special Marriage Act for practical reasons, such as a simple civil procedure or a marriage across castes or communities, without any wish to leave the Hindu joint family or Hindu succession law. Before 1963, they had no choice: sections 19 and 21 severed them from the family and applied the Indian Succession Act. Section 21A changed that. Where both parties profess the Hindu, Buddhist, Sikh or Jaina religion, the severance and succession rules do not apply. This note explains the section and its effect in different combinations of parties.

1. The Provision

When section 21A applies

Figure 1: When section 21A applies

Text. Where the marriage is solemnized under the Act of any person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes any of those religions, section 19 and section 21 shall not apply, and so much of section 20 as creates a disability shall also not apply.
History. Inserted by Act 32 of 1963 with effect from 22 September 1963, and amended by the Marriage Laws (Amendment) Act, 1976.
Both parties. Both must profess one of the four religions. They need not profess the same one: a Hindu and a Sikh, or a Jain and a Buddhist, are covered.

2. Effect

No severance. With s.19 disapplied, the parties remain members of their joint families and coparcenaries, as if they had married under Hindu law.
Hindu succession law. With s.21 disapplied, succession to their property is governed by their personal law, the Hindu Succession Act, 1956, which applies to Hindus, Buddhists, Sikhs and Jains.
Disabilities removed. The part of s.20 that would subject the parties to disabilities is disapplied; any rights it preserves remain.
Matrimonial law unchanged. Section 21A affects only family property and succession. The marriage remains one under the Special Marriage Act, so its validity and remedies, including divorce, are governed by the Act, not the Hindu Marriage Act.
Registered marriages. A Hindu marriage registered under Chapter III is deemed solemnized under the Act, and s.21A applies to it in the same way.

3. Combinations of Parties

Severance and succession by combination of parties

Figure 2: Severance and succession by combination of parties

Mixed marriages. Where a Hindu marries a Muslim, Christian, Parsi or Jew under the Act, s.21A does not apply. The Hindu party is severed from the joint family (s.19) and succession is under the Indian Succession Act (s.21)
Non-Hindu couples. For couples where neither party is Hindu, Buddhist, Sikh or Jain, s.19 has no application, and s.21 applies the Indian Succession Act.

⚠ Exam trap

Section 21A applies only when both parties profess the Hindu, Buddhist, Sikh or Jaina religion, not necessarily the same one. It disapplies s.19 (severance), s.21 (Indian Succession Act) and the disability part of s.20, so the Hindu Succession Act governs. It was inserted in 1963, not 1976. It does not change the matrimonial law: divorce and nullity remain under the Special Marriage Act. In a Hindu and Muslim marriage, s.21A does not apply.

4. Frequently Asked Questions

Which succession law applies when two Hindus marry under the Special Marriage Act?

The Hindu Succession Act, 1956. Section 21A disapplies s.21, which would otherwise apply the Indian Succession Act, and also disapplies s.19, so neither party is severed from the joint family.

Does section 21A apply if a Sikh marries a Jain under the Special Marriage Act?

Yes. Section 21A applies whenever a person professing the Hindu, Buddhist, Sikh or Jaina religion marries another person professing any of those religions. The two religions need not be the same.

5. Related Topics

Topic 8: Effect on Family Property and Succession. The general rules.
Topic 28: Special Marriage Act and Hindu Marriage Act Compared. Choosing between the two.