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JSingh (Employee)     15 June 2012

Reluctant marriage witness

Hi,

  I applied for marriage to a foreign citizen 3 months ago under the Special Marriages Act, she has been here since 10 months now and has left everything behind to come here and settle in India. All the paperwork and documents were submitted as required. The Registrar had given the date for coming to the office 1 month after that. But because of expiring visa she had to go out of the country and re-enter with a new visa.

      The problem is that one of the three witnesses is not coming and giving excuses like he is not in town etc. What do i do in case 1 witness does not come? Can the issue be resolved legally? I have only 4 days left now for the expiration of the stipulated 3 months time for marriage. Can it be resolved by some "OTHER" means?

Please help. Thanks.



Learning

 3 Replies

Tajobsindia (Senior Partner )     15 June 2012

Originally posted by :JSingh
"

Can the issue be resolved legally?
Take: No but socially it can be sorted out.


Can it be resolved by some "OTHER" means?

Take: Yes by substituting alternate witness to such marriage which could be a adult relative or a adult friend of either party to this marriage or an adult employer of yours or even an advocate the one whose vakalatnama is not in file or even your landlord if you are a tenant to his building or a adult neighbour or any adult person whom you know locally from last 180 days. BTW your "OTHER" before us also has so many hidden meanings which cannot be published and may be ventured into after all self due diligence afterall it is you who is marryign a foreigner.

BTW, all the best.

"
1 Like

JSingh (Employee)     15 June 2012

Thank you for the reply Tajobsindia. I had another question i forgot to include in the above post. What if the stipulated 3 months time period expires, can you go and cite a reason for the delay like visa problems or medically unfit etc and do it? Or get an extension by some way or do i have to do the whole thing all over again?

Tajobsindia (Senior Partner )     15 June 2012

Well if that is emerging brief before us then;


1. When a notice under S. 5 of the Act is served on the Marriage Officer, in view of S. 14 of the Act, if the marriage is not solemnized within 3 months from the date of which such notice has been given, the notice and all other proceedings arising there from shall be deemed to have elapsed and no Marriage Officer shall solemnize the marriage until a new notice is given as per the provisions of the Act is judicial view which cannot be wrapped by way of an uncalled for Writ before a State's HC even !


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