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Discussion

Where a Hindu male and Hindu female contract their marriage under the special Marriage Act, 1954, Hindu personal law :

  • A.Applies to such marriage
  • B.Does not apply
  • C.Applies with some modifications
  • D.Applies with Indian Contract Act

Answer: A

Hindu personal law applies, which is the keyed answer. Section 21A of the Special Marriage Act, 1954 says that where both parties to a marriage under the Act profess the Hindu, Buddhist, Sikh or Jain religion, sections 19 and 21 do not apply. So the marriage does not sever the joint family nor bring succession under the Indian Succession Act, and Hindu law, including the Hindu Succession Act, continues to govern them.

The second option, that it does not apply, would be right for a marriage where one party is not a Hindu. The options on modification and on the Contract Act have no basis in the Act.

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