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Sha (a)     12 June 2010

Marriage registration

Hello,

I am new to this forum. I have a query.

I am a Hindu and I got married to a Indian christian girl in 2006.  The marriage was performed in a temple in the presence of both parties and in the presence of relatives.

After marriage we have been living together.

Now in 2010 i want to register my marriage under Special Marriage Act, 1954. What is the procedure?

After registration, can i use this marriage certificate for US/UK visa?

Thanks in advance.

Thanks,

 



Learning

 12 Replies

A V Vishal (Advocate)     13 June 2010

1. Hindu /Special marriage Application form duly signed by both husband and wife. 2. Hindu/Special marriage Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act. 3.Residential proof of husband and wife . 4.In case of Special Marriage Act, documentary evidence regarding stay in the place where the marriage is to be registered by the parties for more than 30 days (ration card or report from the concerned SHO). 5. Hindu marriage Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality. 6.Two passport size photographs of both the parties and one marriage photograph. 7.Marriage invitation card. 8. Hindu marriage If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage. 9.Rs. 10/- in case of Hindu Marriage Act and Rs.15/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form. 10.Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be. 11.Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower. 12.In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act). 13. In case one of the parties is a foreign national, no objection certificate/marital Status certificate from the concerned embassy.

2 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     13 June 2010

Can be registered under Special Marriage Act and the same must be used to obtain VISA

Sha (a)     13 June 2010

Thanks for the information. Is it required to either wife or husband to get converted to other religion?

Also are there any other things which i need to consider so that i should not have any future complications.

regards,

unique horn (self)     13 June 2010

 

4. Conditions relating to solemnization of special marriages.—Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:—

(a)   neither party has a spouse living;

1[(b)   neither party—

(i)   is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(ii)   though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(iii)   has been subject to recurrent attacks of insanity 2[***];]

(c)   the male has completed the age of twenty-one years and the female the age of eighteen years;

3[(d)   the parties are not within the degrees of prohibited relationship:

Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship; and]

4(e)   where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends].

5[Explanation.—In this section, “custom”, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family:

Provided that no such notification shall be issued in relation to the members of any tribe, community, group or family, unless the State Government is satisfied—

(i)   that such rule has been continuously and uniformly observed for a long time among those members;

(ii)   that such rule is certain and not unreasonable or opposed to public policy; and

(iii)   that such rule, if applicable only to a family, has not been discontinued by the family.]

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     13 June 2010

Well suggested Mr. Vishal.

biji (_ )     22 June 2010

Hi sir,

Mine was a love marriage. My husband is a Tamilian and me a Keralite.  We both are Hindus.  Will my son avail any benefit coz of this interstate marriage?

G. ARAVINTHAN (Legal Consultant / Solicitor)     23 June 2010

it is surely an intercaste marriage and you can avail the benefits

biji (_ )     23 June 2010

What sort of benefits is he entitled to?

Paul M Padath (Manager)     17 August 2010

Dear Sir,

I have married in 1984 in a church at Palakkad,Kerala State,now we need a marriage certificate,so i and my wife went to the concerned officer  and told this subject.But he told us that,If you filled in the application for issuing a marriage certificate,within one month you would get it.But they said that,they will give the date as of the application form submitting date.But we have got married on 31st may 1984,So,how can we proceed with this matter? Is the church's marriage certificate a valid one?The church had issued us a marriage certificate in 1984.Kindly give answer and help us.Since 1990,we have been living in Karnataka State with our children.

Paul

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 August 2010

Dear Paul,

You can submit your church certificate and your date of birth proof alongwith two/three witnessess. If u both belongs to christian family then Registrar will register your marriage within a day.

Regards

Krishi (xxx)     19 August 2010

Dear Sir,


I am a Hindu Indian and I will marry a foreigner who is Christian in a Hindu ceremony in India. How can we register the wedding at the registrar's office under the Special Marriage Act? Does either of us need to change our religion? We were told that the marriage would be void as we both should be of the same religion.

If we have a marriage in a foreign country, what is the procedure to get it registered in India?Is the foreign marriage Act and the special marriage act the same?

Thank you for the help!

Renuka Gupta ( Gender Researcher )     22 August 2010

@ Arvinthan

What type of benefits a child gets when parents have intercaste, inter religious, inter state marriages? It is the first time I am hearing of it. Please educate me on this.

RG


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