Court marriage
Shantanu Dutta
(Querist) 14 November 2011
This query is : Resolved
I have done court marriage in civil court of Duddhi, U.P. through notary papers. After marriage I have handover her to her parents. Now, some advocates are saying that the marriage through notary is not legally valid. Her parents does'nt know about the notary paper. We both can't live without each other. Her parents are not agreed for marriage because we both are inter cast. Please give me suggestion that how can I proof my marriage legal and how to convince her parents.
Devajyoti Barman
(Expert) 14 November 2011
Yes it is not a valid marriage.
You will either have to register the marriage under any marriage act or perform marriage according to rites and customs prescribed by Hin du LAW.
Shantanu Dutta
(Querist) 14 November 2011
What is the procedure for register marriage and marriage according to rites and customs prescribed by Hindu Law. Also, is their any further procedure to validate the notary papers.
Rajeev Kumar
(Expert) 14 November 2011
You have to go to the office of regirtar with proof of your marriage and register it with two evidences from both parties
Shantanu Dutta
(Querist) 14 November 2011
Is it necessary to have permission of parents for registered marriage. How many days it will take to perform register marriage ? Is their any option to register the marriage with the help of notary paper ?
prabhakar singh
(Expert) 14 November 2011
You can marry under Special marriage Act.So far you have not acted legally.
Visit a lawyer and follow the procedure of marriage before registrar.
Shantanu Dutta
(Querist) 15 November 2011
The girl's parents are not allowing to go her anywhere out of the house. In this case, I alone can apply for registered marriage in court ?
Shashikant V. Patil
(Expert) 16 November 2011
Without appearance of girl even Pandit cannot perform marriage. Hence it is necessary to remain present for bride and bridegroom for registration.
dev kapoor
(Expert) 16 November 2011
Shantanu,you have a very poof case.There is no Marriage at all muchless any valid marriage.Notary attests the documents that you provide.Thats it.Nothing else.These papers are are very weak type of evidence in proof of marriage.If you cannot go for Vedic marriage i.e. by performing 'saptapathi' before the nuptial fire,no marriage among Hindus is valid unless it is registered under the Special Marriages Act.
Shantanu Dutta
(Querist) 16 November 2011
Sir, suppose we both perform marriage in temple with proper evidence (i.e. photographs and witness), can we go to marriage registrar office for marriage registration. Will he register this marriage on same day ? Is 'saptapathi' is considered in indian law ?
prabhakar singh
(Expert) 16 November 2011
you can not voilate this law given below:
7. Ceremonies for a Hindu marriage.
7. Ceremonies for a Hindu marriage. (1) A Hindu marriage may be
solemnized in accordance with the customary rites and ceremonies of
either party thereto.
(2) Where such rites and ceremonies include the saptapadi (that
is, the taking of seven steps by the bridegroom and the bride jointly
before the sacred fire), the marriage becomes complete and binding
when the seventh step is taken.
But it can be performed in mandir also.Then engage a pandit and two major friends and after performance get a note written by pandit that he has performed your marriage with girl so and so as you are 21 year[or above] old and the girl is 18 year [or above]old.get the certificate signed by your two friends.
prabhakar singh
(Expert) 16 November 2011
For registration of this marriage you have to apply to the Registrar in whose jurisdiction the marriage is solemnized; or
to the Registrar in whose jurisdiction either of you two have been residing at least for six months immediately preceding the date of marriage.
Both the parties have to appear before the Registrar along with
[their parents] or
[guardians] or
[other witnesses]
within one month from the date of marriage.
It is here you can use those two witnesses who signed as witnesses on certificate issued by pundit who performed the marriage..
There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned.
prabhakar singh
(Expert) 16 November 2011
The certificate of marriage issued by pundit should be in his hand writing duly signed by him and he should also write his name,his father's name and his address along with post and area of police station and also witnesses signing on should indicate their name ,their father's name and complete postal address and police station area.
It would be even more better if the certificate bears the photographs of pundit and of witnesses also and the same is notarized then presented before the registrar of hindu marriages.
prabhakar singh
(Expert) 16 November 2011
You both must carry the prof of age and identity also when appearing before the registrar.Before entering in this venture
of marriage you must have completed the age of 21 and the girl must have completed 18 years of age.get it satisfied from your and hers certificates otherwise you may get your head in soup.
Guest
(Expert) 21 November 2011
Marriage ceremonised elsewhere than in the court of the Registrar of Marriages is not called court marriage.
