personal
deepa
(Querist) 24 August 2010
This query is : Resolved
actually sir/mam
i am from india my age is 21 and i am coming nz next month on student visa
i have a close friend in nz already his name is prabh and his age is 20.he is on student visa which will lapse next year bz he came to nz on feb 2010
now problem is
we want to marry in india bz we both live in india and indian citizen
bt according to indian law adult age of boy is 21 and of girl is 18
now as a girl i am adult bz i am above 18 bt prabh is 20 below the age of 21.
so we cant marry
bt prabh is telling me that deepa when you will come to nz in next month we will marry in nz bz according to nz law adult age for marraige is 16 so we can marry in nz bz e both will have nz student visa
now
i want to ask you that is this right and if this is possible will that marraige be valid in whole world including india bz i have fear in my mind that prabh is under 21 so he is not able to marry in indaian law?
plz tell me clearly and advise me if i take this step will it be benefical for me?
Devajyoti Barman
(Expert) 25 August 2010
The rule of majority in nz is applicable to only the nz citizens or other citizens also that needs to be checked first.
In any case both of you can marry in India according to customary hindu law and marriage between the persons below the cut off limit is voidable and not void.
adv. rajeev ( rajoo )
(Expert) 25 August 2010
You both are indians not NZ citizens. Indian laws bind on you.
s.subramanian
(Expert) 25 August 2010
yes. I agree with Mr.Rajoo.
James Arun
(Expert) 25 August 2010
Deepa,
Do you need to get married in this fashion? So early? There is a reason why laws are created. It is good to wait and get married later on when you are in legal age and also are financially independent. Prabh will not go anywhere, if he loves you.
Are you marrying for getting immigration benefits? His visa is expiring soon. You have a student visa that appears to start next month. Looks like he wants to piggy back on you to remain in NZ.
Nothing prevents you from getting married in NZ. The Foreign Marriage Act applies.
If you get married when either of you have not reached marriageable age, it is not an offence. Unless either of you petition a Court of Law to declare it void, it remains valid. Things are good now, so you guys may not do this. If things go bad, either of you will do all you can to declare your marriage as void. In your own interest, from a legal angle, WAIT.
