24 August 2009
R/Members My friend is living with his wife as Husband-wife & they have blessed with a baby also now they wants to legalised their marriage through court instead of marriage registration,they have no any proof of their marriage,its a runaway marriage couple case,what type of case i can file in court for legalisation of their marriage they both are ready for any kind of court proceedings.plz suggest. Thanx
24 August 2009
[My friend is living with his "wife" as Husband-wife] Dear Vinod, what do you mean by saying this??? If they were not married then how he was living with his "wife". Now coming to your legal problem; if there is no dispute, simply show the marriage with the consent in a MANDIR if they are Hindus, and get it registered. The date of marriage shown should be accordance to the birth of baby.
The only remedy lies in going for a registered marriage, since, courts don't perform marriages and for pupose of soleminization and registration of marriage, the Registrar of Marriages is the quasi judicial authority and he is empowered to issue a marriage certificate under his hand and seal. This is the easiest and cheapest mode of getting the relationship legalised. You can follow the method suggested by Sanjay and get the marriage registered.
25 August 2009
actually what is happening here in Punjab and Haryana High Court, few touts make a commitment with the parties that by filing their petition before the Hon'ble HC they will get the marriage legalised.
but in actual terms HC issues protection orders in order to save life and liberty of a couple, this is done in case of run away marriages....even such orders are passed only if the proof of age and proof of marriage is presented before the bench.
otherwise there is no mechanism to legalise marriage by the action of court.
however SC has affirmed the legal position that a long stay as husband and wife creates a presumption that the couple is married.
since in ur case u dont ve the proof of marriage then it will be difficult to get it registered.
if possible try to get the marriage certificate from the temple where they have married.
i dont know whether Suit for Declaration is maintainable in this case....i would like to c the opinion of other experts in this context.
25 August 2009
As advised by Mr. Sanjay Dixit, it is better to get the back-dated marriage certificate at their appropriate religion's place of worship(which is authorised to issue certificate) and get that registered in the registrar office having jurisdiction. Since the registration of marriage has now been made compulsory by certain states, it will not be a problem to register a back-dated certificate. Help them to regularise their marriage since it will make the child's life 'legalised' as well as can act as a safe-guard to avoid embarassment of the lady in case of matrimonial/property dispute in future.
28 August 2009
You have to perform marriage in mandir and then snaps clicked will be submitted in Registrar with Certificate of back date. The marriages performs before one year did not require any other proof except snaps and card. Regarding card you can prescure it. Good Luck email@example.com
31 August 2009
Dear Mr. Bansal, it shall be appropiate for you to get ur marriage registered under the Special Marriage Act if u r finding difficulty while getting ur marriage registered under teh Hindu marriage Act. u will have to folow the notice period of one month wherein notices shall be sent to ur respective parent's address and other procedures accordingly.