marriage
sangeeth
(Querist) 29 July 2011
This query is : Resolved
iam an hindu , and the girl i love is christian , we would like to get married on january 2012 .
one of the problem is both our parents will never accept for our marriage.
iam workin in dubai and she is workin in kerala , iam gettin hardly a one month leave on january 2012, so that on this month with out our parents knowledge want to get married legally .
kindly provide a legal solution so that i can marry her on january 2012 .
Advocate Rajkumarlaxman
(Expert) 29 July 2011
prepare yourself with all the required documents if your registering your marriage. The Marriage will be under Special Marriage Act. Take assistance of a lawyer in that case. documents required under that showed be submitted and wait for one month as notice is issued in this regard first. hence start the procedure early you before coming to India.
prabhakar singh
(Expert) 29 July 2011
Taking resort of Special Marriage Act is the only legal way out if you both are major.
the procedural forms may be like one provided here :
THE SECOND SCHEDULE
(See Section 5)
NOTICE OF INTENDED MARRIAGE
To
Marriage Officer for the .................................................. District.
We are hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended
to be solemnized between us within three/one calendar months from the date hereof.
Name Condition Occupation Age Dwelling
Place
Permanent Dwelling Place if
dwelling Place not
permanent
Length
of
residence
A.B.
CD.
Unmarried
Widower
Divorcee
Unmarried
Widow
Divorcee
Witness our hands this .................................................. day of ........................20......
(Signature) A.B.
(Signature) C.D.THE THIRD SCHEDULE (See Section 11)
DECLARATION TO BE MADE BY THE BRIDEGROOM
I, A.B., hereby declare as follow :-
1. I am at the present time unmarried (or a widower or a divorcee, as the case may be).
2. I have completed.............. years of age.
3. I am not related to C.D. (the bride) within the degrees of prohibited relationship.
4. I am aware that, if any statement in this declaration is false, and if in making such statement I
either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and
also to fine.
(Signature) A.B.(the Bridegroom)
DECLARATION TO BE MADE BY THE BRIDE
I, C.D., hereby declare as follows :-
1. I am at the present time unmarried (or a widow or a divorcee, as the case may be)
2. I have completed..........years of age.
3. I am not related to A.B. (the bridegroom) within the degrees of prohibited relationship
4. I am aware that, if any statement is this declaration is false, and if in making such statement I
either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and
also to fine.
(Signature) C.D. (the Bride).
Signed in our presence by the above-named A.B. and C.D. so far as we are aware there is no
lawful>
(Signature) G.H.
(Signature) I.J. Three witnesses.
(Signature) K.L.
Countersigned E.F.,
Marriage Officer.
Dated the ............................................... day of ................................... 20.........THE
FOURTH SCHEDULE
(See section 13)
CERTIFICATE OF MARRIAGE
I, E.F., hereby certify that on the ........................... day of .................... 20............, A.B. and C.D.
* appeared before me and that each of them, in my presence and in the presence of three
witnesses who have signed hereunder, made the declarations required by section 11 and that a
marriage under this Act was solemnized between them in my presence.
(Signature) E.F.,
Marriage Officer for
(Signature) A.B.,
Bridegroom
(Signature) C.D.,
Bride
(Signature) G.H.
(Signature) I.J. Three witnesses
(Signature) K.L.
Dated the ................................................... day of ............................... 20.......................
* Herein give particulars of the parties.THE FIFTH SCHEDULE
(See Section16)
CERTIFICATE OF MARRIAGE CELEBRATED IN OTHER FORMS
I, E.F., hereby certify that A.B. and C.D.* appeared before me this...............................day of
......................... 20.............. and the each of them, in my presence of three witnesses who have
signed hereunder have declared that a ceremony of marriage has been performed between them
and that they have been living together as husband and wife since the time of their marriage, and
that in accordance with their desire to have their marriage registered under this Act, the said
marriage has, this............. day of .......................................... 20.......................... been registered
under this Act, having effect as from.
(Signature) E.F.,
Marriage Officer for
(Sd.) A.B.,
Husband
(Sd.) C.D.
Wife
(Sd.) G.H.
(Sd.) I.J. Three witnesses
(Sd.) K.L.
Dated the.................................................. day of ..................... 20................
* Herein give particulars of the parties.Form I
See. Rule 6 (4)
Notice
(Place)
Before the Marriage Officer in the matter of the special Marriage Act 1954.
In the matter of the intended Marriage between.
between : Application to register the Marriage
AB
and
CD (Give names and Address)
and
EF
OBJECTOR
To.............................
whereas notice of an Intended marriage an application for the registration of the marriage
between AB and CD was received by the Marriage Officer on.....................
Whereas EF has preferred certain objections (Setout overleaf) to the Solemnization of the
marriage; whereas the Marriage Officer ................. registration.
Will hold an enquiry into the matter of the said objections on ...................... day of
......................19...................... A.M./P.M on the said day together with all documents on which
you relay and any witness or withnesses whom you may desire to be examined on your behalf.
Take notice that in default of your appearance on the aforesaid day, the inquiry will be made and
decided in your absence.
(Set-Out the objections on the reverse of this notice) should you apprehend that your witness will
not attend unless summoned by the Marriage Officer, you should apply to the Marriage Officer
for the issue of such summons sufficiently early together with the prescribed process fee and the
reasonable expense of travelling and subsistence allowance of the witness.
Given under my hand and seal
Station :
Date : Signature
Marriage Officer (Seal) Form II (see. Rule 6 (4)
Summons to Witness
Before the Marriage Officer .......................... (place) in the matter of the Special Marriage Act,
1954, and in the matter of the intended Marriage between/application to register the Marriage
between :
AB
CD (Give names and addresses)
and
EF
objector
To
...............................................
whereas your attendance is required to give evidence on behalf of ................................. in the
above matter, you are here by required to appear personally before me or to cause to be produced
before me the document specified hereunder on the ........................... day of ......................19
A.M/P.M. A sum of Rs. ....................................... being your travelling and other expenses for one
day is herewith sent.
If you fail to comply with this summons without lawful>
Take notice that in default of your appearance on the aforesaid day, the inquiry will be made and
decided in your absence.
Given under my hand and seal.
Station : (Seal) Marriage Officer.
Date : Form III ( See. Rule 7 (1) )
Application for Registration of a Marriage Under Sec. 15 of The Special Marriage Act, 1954
(Central Act 43 of 1954)
1. Name of the parties AB[husband]
2. Age or date of Birth CD (wife)
Husband.
Wife
3. Permanent dwelling place, if any,
4. Present dwelling place.
5. Relationship, if any, of parties before marriage.
6. A ceremony of marriage was performed between AB and CD on ............. at ....................and
AB declare that we have been living together as husband and wife ever since the date noted
above.
We hereby declare that:-
(i) Neither of us has more than one spouse living on the date mentioned in this application.
(ii) Neither of us, is an idiot or lunatic.
(iii) Both of us have completed the age of twenty one years on the date of this application.
(iv) We are not within the degree of prohibited relationship; our marriage was celebrated before
the commencement of the Special Marriage Act, 1954 (Central Act 43 of 1954) and according to
law, custom or usage having the force of law, governing each of us, a marriage between us is
permitted, though we are within the degrees of prohibited relationship according to the act as
aforesaid.
NOTE : Score out whichever is not applicable.
(v) We have been residing within the jurisdiction of .............................Marriage Officer at
.................... for a period of not less than thirty days immediately preceeding the date of this
application.
We also declare that all the above particulars are true to the best of our knowledge and belief.
Station :
Date : Signature.
