Marriage

Rhea (Querist) 05 August 2014 This query is : Resolved
In 1990, a marriage agreement was registered between A and B. They lived together as husband and wife for 20 years. A passed away. Now his relatives claim that since it is only a marriage agreement A and B were not legally married and threw her out. Is their marriage not really valid? Please answer with regards to the state of kerala's marriage rules.

B is the wife of A in the family card , election card and all other official records. Both A and B are christians. When A was still alive, no one contested the validity of the marriage for 20 yrs. Only after his death, they act against B for property. A and B lived together as husband and wife in the society for 20 yrs and no question of validity was raised then.

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ajay sethi (Expert) 05 August 2014
what do you mean by marriage agreement ? elucidate . in any case she was his live in partner . she can claim right to stay in matrimonial home

M.Sheik Mohammed Ali (Expert) 05 August 2014
its valid marriage, she can claim share and property, recently Madras high court of madras give favour order, that case together upto 7 years.

Sudhir Kumar, Advocate (Expert) 06 August 2014
I am not able to agree with Mr Shikh Mhd Ali.

The authro never claimed it is marriage. he stated it is agreement only.

The author did not even initiate what was the religion of each party.

If Hindu - the marraige is complete after agni phera ceremony performed by a priest followed by saptapadi or any other ritual as per local custom.

If sikh - marriage is complete after Anand Karaj by a qualified Granthi.

if muslim - by written and complete nikahnama expected by a kazi followed by consummation

If christian - after church ceremony after due notice.

If different religion then by reregistration under Spl Marriage act.

The Marriage agreement has no place.

Sudhir Kumar, Advocate (Expert) 06 August 2014
any way action of relatives of deceased is fully corrected legally as well as socially.

Rhea (Querist) 06 August 2014
The query has been modified

Sudhir Kumar, Advocate (Expert) 07 August 2014
After modification you told that they are Christians.

any marriage certificate from any church?

any entry in any church?

when marriage is not there then creation o other documents (i.e. election card/ family card etc) are all fraudulent and punishable under respective rules.