Selvam (Others) 29 August 2012
Sir, As per South Indian customs, if marrige between children of Brother and Sister while the same chilren's Grandfather and Grandmother are not related, is it valid under Special Marriage Act? If marriage already took place 30 years ago how it has to be registered? Please advise.
Anish Thakur 7018812737 (advocate) 29 August 2012
dear querist,
customs always prevails over the law,if there is any custom in that region then the marriage is valid ,and for the registration marriage happened 30 years back the procedure will remain same aw for the registration of normal marriages under sec-15 (3)
Prashant Ghai (Advocate) (PrashantGhai.com) 29 August 2012
Yes, the marriage is valid as the custom does prevail over the law only if;
a.) the custom has been continuosly and uniformly observed and practised for a long time;
b.) that such custom is not unreasonable or opposed to public policy;
c.) that such custom (if applicable only to a family) has not been discontinued by the family.
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