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Discussion > Family Law > Marriage > Hindu Marriage @ Village   Unanswered Threads Post New Topic

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Member (Account Deleted)


job
[ Scorecard : 88]
Posted On 27 April 2011 at 23:07 Report Abuse

Can someone give me brief idea how Hindu marriages are conducted ? My marriage was conducted in Gujarat at Talati (Village office). We did not sign on any register @ Village office neither we were present at village office. My lawyer got us signed on Marriage Memorandum (Affidavit) and he registered our marriage in village office. I have marriage certificate but i am confused because none of us were present in village office and neither of us signed on village register we just signed on Affidavit ! Experts pls advice..............



Tajobsindia


Senior Partner
[ Scorecard : 18569]
Posted On 28 April 2011 at 00:50 Report Abuse

@ Author

It seems your ld. Advocate followed correctly the State procedures. Still in doubt file an RTI since you are still a Indian Citizen and seek true copy extract from the Register.


GUJARAT REGISTRATION OF MARRIAGES ACT, 2006.

NOTIFICATIONHealth And Family Welfare Department Sachivalaya, Gandhinagar.Dated the 1st January, 2008.

No. GP / 2 of 2008 / LNK - 102006/302 (Part II) / Y:-


WHEREAS the draft rules were published as required by section 21 of the Gujarat Registration of Marriages ACT, 2006 (Guj. Act 16 of 2006), at pages 290-1 to 290-12 of the Gujarat Government Gazette, Extra Ordinary, Part-IV-B, dated the 7th September, 2006 under the Government Notification, Health and Family Welfare Department No.GP-19-of 2006-LNK-102006-302-Y, dated the 7th September, 2006 inviting objections or suggestions from all persons likely to be affected thereby for a period of 30 days from the dated of publication of the said Notification in the Official Gazette;

 

AND WHEREAS no objections or suggestions have been received by the Government from any person with respect to the aforesaid draft rules;

 

NOW, THEREFORE, in exercise of the power conferred by sub-section(10 of section 21 of the Gujarat Registration of Marriages Act, 2006 ( Guj. Act 16 of 2006), the Government of Gujarat hereby makes the following rules namely:-

 

1 Short Title.-- These rules may be called the Gujarat Registration of Marriages Rules, 2006.

2. Definitions. - (1) In these rules, unless the context otherwise requires –

(a) ‘Act’ means the Gujarat Registration of Marriages Act, 2006.
(b) ‘Form’ means Form appended to these rules.
(c) ‘Section’ means a section of the Act.
(d) ‘Table’ means a Table appended to these rules
(e) ‘Witness’ means any person who is present at the time of the solemnization of the marriage.

(2) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.

3. Powers and duties of Registrar. - The Registrar of Marriages appointed by the State Government under sub-section (1) of section 3 of the Act, shall exercise all such powers and perform all such duties for carrying out the purposes of the Act, which inter-alia include the following, namely: -

(a) to verify the memorandum for registration of marriage to verify and identify parties and witnesses, issue certificate of registration of marriage and send the copies of entries in the Marriage Certificate Book to the Registrar- General.

(b) to call upon the parties to produce other information or documents, if deemed necessary refer the papers to the local police station for verification and to refuse to register the marriage.

(c) to send the duplicate copy of an order of refusal to register a marriage to the Registrar -General.

(d) to file the memorandum of marriage in the register of marriages and to maintain the same, and send the duplicate copy thereof to the Registrar- General.

(e) to provide certified copies of extracts of the register of marriages and all other certificates and orders issued or passed by him to the applicant.

(f) to act according to the directions issued by the State Government for the effective and smooth implementation of the provisions of the Act.

4. Procedure for Registration of Marriage.-- (1) Every memorandum for registration of marriage shall be in the form specified in the Schedule to the Act and shall be delivered or sent along with an application in Form “I”.
[
(2) The memorandum shall be in duplicate, signed by the parties to the marriage. priest and two witnesses and accompanied by fees as prescribed in the Table and duly affixed by a court fee stamp or stamps of such value as may be prescribed by the State Government from time to time under the Bombay Stamp Act ,1958 ( Bom. LX of 1958 )

(3) The memorandum shall also be accompanied by the following documents namely: -

(a) copy of the ration card or identity card, if any issued by the Election Commission of India or any other documents like passport or identity card issued by the employer etc. to the parties and the witnesses;

(b) birth certificate or school leaving certificate of the parties;

(c) marriage invitation card, if any:

Provided that the Registrar may, in his discretion, allow any other documents to be submitted with the memorandum as sufficient proof for establishing, beyond reasonable doubt, the identity and residence of the parties and witnesses

(4) On presentation of the memorandum and after verification of the same and after being satisfied about the identity of the parties and witnesses, the Registrar shall make an endorsement as under, on the reverse side, and then paste the memorandum in the register of marriages which shall be in the form of a paste book consisting of blank butts serially numbered, beginning with figure "1".

The memorandum and the fee of Rs._____ were received by me on - - 20.... and the memorandum is filed at Serial No.____ of - - 20 on page _____ of volume_____ of the register of marriages maintained under the Gujarat Registration of Marriages Act ,2006 (Guj. 16 of 2006)

Dated the ______.day of ________,20 .

Signature _________________
Registrar of Marriages

(5) On filing the memorandum along with the application and completion of registration, the Registrar shall issue a Certificate of Registration of Marriage in Form “II’ either in person or sent it by post to the parties to the marriage.

(6) If the Registrar is of the opinion that the details given in memorandum and the documents or the papers submitted by the parties and witnesses do not establish, beyond reasonable doubt, the identity of the parties or the witnesses or both, the Registrar may, direct the parties, giving them reasonable time to furnish such other documents or papers as considered necessary by the Registrar for the grant of registration certificate. On furnishing of such papers or documents, the Registrar, on verification of such documents or papers, on being satisfied, may grant the Certificate of Registration of Marriage in Form “II’.

(7) In case the Registrar is not satisfied about the identity of the parties or the witnesses, or about the correctness of the statements made in the memorandum, the Registrar may, after hearing the parties and after recording the reasons, in writing, pass an order in Form “III’.refusing to register the marriage and send the duplicate copy thereof to the Registrar-General. 


Member (Account Deleted)


job
[ Scorecard : 88]
Posted On 28 April 2011 at 01:02 Report Abuse

Sir i was U.S. Citizen at Time of such signatures.......


Member (Account Deleted)


job
[ Scorecard : 88]
Posted On 28 April 2011 at 01:04 Report Abuse

Sir i was U.S. Citizen at Time of such signatures.......


Tajobsindia


Senior Partner
[ Scorecard : 18569]
Posted On 28 April 2011 at 01:54 Report Abuse

@ Author

So what !

If one of the parties is a citizen of another country like USA, UK or other, the registrar may request a “no objection letter” from the Embassy or Consulate of that country, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.


Illustration:
If one of the parties is a U.S. citizen, the registrar may request a “no objection letter” from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.


Member (Account Deleted)


job
[ Scorecard : 88]
Posted On 28 April 2011 at 02:43 Report Abuse

Sir but in my case registrar didn't request "no objection letter" from embassy or consulate so is it true tht my marriage is considered "VOID" ............no wonder why my lawyer is calling me from india to hide this matter now i knw why is he so sweet to me ? He told me tht he has not registered my marriage in Nagar Palika Office............i don't have any intentions to ruin anyones life or career but i want to make sure everything because right now me & my family is going through deep pain for no reason.............my greedy wife has file fake 498(a) case against me............she is also claiming monthly maintenance...........i have not neglected her............i hope you knw by this time my story since you have answered my forum several times...........ur advice is truely appreciated..............JAI HIND


Thrust law group


lawyertrust
[ Scorecard : 98]
Posted On 28 April 2011 at 04:05 Report Abuse

The main issue coming up in modern culture is that some persons leave the india or other country and get married in another country.

Be aware from this as it is illegal no person get married untill and unless he does not give noc , the registrar may request a “no objection letter” from the Embassy or Consulate of that country, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.

Regards Thrust law group | Phoenix personal injury attorney

Member (Account Deleted)


job
[ Scorecard : 88]
Posted On 28 April 2011 at 07:11 Report Abuse

Dear Experts,

 

I repeat i have no prior marriages and neither i am getting married again..............one marriage is more then enough since i am already trapped badly........not all NRI'S /FOREIGNERS come with bad reputation..........i am Hindu and i do follow hinduism.........i am the only son of my parents and we reside in U.S. ............we always intended to bring perfect bride for myself........but my destiny drove me somewhere else...........i don't have anyone else to help.......what do you think i am expressing myself in this website 1000 times.........because i am right.......i have done nothing wrong..........unlike every indians i flew to indian to bring perfect bride for myself but unfortunately i met greedy wife............neither she is respecting my parents and neither me........she don't want to come with me neither she wants to divorce me......i met bunch of corrupted people in indian law system.........everyone is corrupted.....no matter if it's local cop or local clerk or lawyer ...........i am sorry but this is true.......let's talk abt the real story............." There was no objection letter or NOC certificate requested by registrar...........i was wondering if there is anyway i can resolve this issue.....all i want to knw is whether or not my marriage is legal or not ? Me & My wife have not signed any court or village office register......so that's why it is clicking my mind whether or not my marriage is legal or not ? Neither of us were physically present at court or village office ? Me & My wife along with witnesses just signed Marriage Memorandum in which there was Rs 100 stamp paper and that's all we did i was issued marriage certificate without signing court or village office register...........and that's the reason i see something fishy.........while questioning my marriage lawyer he got scared and told me not to discuss with anyone else since him along with Village Clerk (Sub-registrar) will get in trouble......i told him that i am going through deep trouble and i asked him to tell me the real story but he don't want to tell me anything.......looks like i have to find out according to Right Of Information Act......my question to experts is "What will be the procedure when someone gets married in Talati (Village Clerk - Sub Registrar) office ?" 


Member (Account Deleted)


job
[ Scorecard : 88]
Posted On 28 April 2011 at 07:28 Report Abuse

Okay let me make this easy for everyone........I am going to type what is written on marriage certificate............and you guys let me knw if this is real.......

No 1/20

This is to certify that Shri .....................son of shri..................residing at..............and ...............daughter of shri..................residing at................have furnished the particulars in Memorandum declaring that their marriage has been solemnized on.................. at...............and that the same has been registered this day...........of .................2010 at serial No.20 of Volume 1 of Register of marriages maintained under the Gujarat Registration of Marriages Act, 2006 (Guj. 16 of 2006)

Now at bottom there is a stamp of "Village gram panchayat" and there is Sub-Registrar signature on right along with his stamp...................

 

Looks real to me now experts since i have mentioned everything above should i check the register of village gram panchayat for marriage registration or should i check with court register ?


I will appreciate your kind help......


Tajobsindia


Senior Partner
[ Scorecard : 18569]
Posted On 28 April 2011 at 23:12 Report Abuse

@ Author

I have read all your messages and probably replied to some of them too. In my opinion what you need urgently is a family court ld. Advocate in
Gujarat to defend your says in S. 125 CrPC with seeking allowing of an Exemption Application for personal appearance on first hearing date itself.


Also note it is my observation that you are ignorantly fishing Indian gender biased Laws to nowhere. Let me remind you "admission" legal point in S. 125 CrPC which she has passed and filed upon you to remind you of your legal duties, irrespective you hate or love her which is a matter of trial;


Below is a lime soda citation reference for you for the purpose of this thread post and understand it, it is well enough it is fine to me and if donot understand it then my bandwiddth reply is three to a post so I consumed that with this reply no. 3 of mine:


Hon'ble SC for interpreting object an dintent under S. 125 CrPC says:
Marriage - Proof - Strict proof of performance of essential rites including marriage certificate is not required - The standard of proof of marriage in such proceeding is not as strict as is required in a trial of offence under S.494 IPC - If claimant succeeds in showing that she and respondent lived together as Husband and wife even for a day it is more than enough to grant her interim maintenance as wife of a respondent. PERIOD 


So did you understand in simple English what Hon’ble SC says and what vehemently you are searching via this post ? That is why I used the word fishing above..........


Well, NRI’s comment about Indian Laws a lot as arm chair comment but the interpretation of demand raised by a destitute wife was rightly explained by Hon’ble SC in above citation (held) and mind it American Family Laws are more worse than Indian Family Laws though we are aping American Laws but this comment is besides the framework of this post reply however I have explained it to you who is sitting in America and commenting left and right about Indian Laws that her demand admission under S. 125 CrPC has passed test of your marriage with her now whether the Marriage Certificate is false or passed without NOC is immaterial the point here is that there is a mariage certificate and your claims she is going to use against you so stop fishing about the marriage certificate now.  




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