hindu marriage act
mehul dave
(Querist) 04 January 2010
This query is : Resolved
resp.sir(s), my query is as follows.....
my uncle and aunt are residing in mumbai...they got married in the year 1976. at the time of marriage both were minor i.e. bride was 17 years old and bridegroom was 19 years old.....the marriage was held at their native place in gujarat. the marriage is not registered yet. they both are having passport. at the time of following procedure for passport they gave affidavit in lieu of marriage cirtificate. on the basis of this affidave they wwere issued passport. now they are proceding for abroad and the visa authority is demanding for marriage certificate. my uncle tried to get their marriage registered but the marrriage registration authority is denying on the basis that both, the bride and the groom were minor at the time of marriage. my query is ........
is there any solution for this? can this marriage be registered and can my uncle get the marriage certificate..? what is the relevant provision in hindu marriage act? i request you to kindly guide me in this regard. if there is any confussion in above matter plz ask for necessary information. thank you very much......
Srinath Kondapally
(Expert) 04 January 2010
if there are any availability of marriage photoes, or wedding card etc., are sufficient to get marriage certificate from SRO, or otherwise they may submitt their respecticve notarised affidavits for said purpose, and prior to this better to contact such registrar to make it conviniant.
A V Vishal
(Expert) 04 January 2010
Mr Dave,
Your Uncle & Aunt can both submit a joint affidavit to the RPO with a joint photograph duly notarized, it is sufficient in absence of a marriage certificate.
A V Vishal
(Expert) 04 January 2010
Government of India
Ministry of External Affairs
CPV Division, Delhi
ANNEXURE D
SPECIMEN AFFIDAVIT TO BE SUBMITTED ALONG WITH APPLICATION FOR PASSPORT BY A WOMAN APPLICANT FOR CHANGE OF NAME AFTER MARRIAGE (JOINT AFFIDAVIT TO BE SUBMITTED ALONG WITH HER HUSBAND)
(To be executed on non-judicial stamp paper)
We 1………………………………………………………………………………
(maiden name of wife)
2.……………………………………………………………………………….
(name of husband)
solemnly declare and affirm as under:
1.That we are married under ……………………….Marriage Act/Rights/Customs and are living together as married couple since……………………………………………
(date of marriage)
2..That ……………………………….. would henceforth be known as …………………
(maiden name of wife) (name of wife after marriage)
by virtue of our marriage.
3.That our joint photograph is affixed below.
Date:
Signature & address of Deponents
1……………………….
2………………………
Note: 1. This affidavit may be sworn before a Magistrate/Notary.
2. The joint photograph of the couple is to be pasted on the bottom left hand side of the affidavit paper and attested by the Magistrate/Notary with his/her signature and rubber stamps (half on the photograph and half on the affidavit)
3. Declaration 2 above to be ignored by applicants who seek endorsement of name of spouse in respect of reissue of a previously issued passport.
niranjan
(Expert) 05 January 2010
The question put is that when boy and girl at the time of marriage were minor and the registering authority is denying because they were minor now what to do to get marriage certificate ? I would like to know the opinion of learned experts.The child restraint marriage act 1929 was amended in 1978 and the age of male child was made 21 and girl child 18,but before that amendment the age of male child was 18 and girl child was 15. So in the present the case,as the marriage is done before 1978,i.e.in 1976,the marriage was legal.
