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marraige registration

(Querist) 21 September 2009 This query is : Resolved 
is agreement for marraige possible? is it differ from marraige registration ? if i wish to marry girl of my choice but my parents are not agree for that due to caste difference . i need time to convince my parents but girl's parents want her to marry in this year. in this case, if i go for agreement for marraige , then is this agreement helpful to protect us from marrying any other person. we are not in a position to go for court marraige. plz help me ...riven
A V Vishal (Expert) 21 September 2009
Actually such type of marriages are not in vogue in our country and it is not only immoral but also illegal, assuming you enter into an agreement to marry but would you simply co-habit and donot have any physical relation with the girl, what if any of you want to break or even break the contract without the other persons knowledge or consent, hence, Such contracts are void ab initio.riven
Sarvesh Kumar Sharma Advocate (Expert) 21 September 2009
akhil ji,
hindu marriage is not a contrect.
riven
Arul Kumar (Expert) 21 September 2009
If you want your marriage a legal recognition, then either convince your parents or get married as per Special Marriage Act. The agreement to marry is not valid. Please follow the institution of Indian Marriage.riven
Mukul Aggarwal (Expert) 21 September 2009
Marriage agreement are not barred by law and there is nothing illegality in it. it is very much valid but can not be specifically enforced under Specific Relief Act, 1963. However u/s 73 of Contract Act one can claim compensation and damages for breach of marriage contract.riven
Mukul Aggarwal (Expert) 21 September 2009
Marriage registration is not equivalent to agreement to marriage. Marriage registration is not a contract its a completion and same can not be rescinded. Further, on the basis of marriage agreement one can not restrict the other person under law to marry someone else.riven
DATTA SOLANKAR (Expert) 21 September 2009
NO AGREEMENT FOR MARRIAGE NOT POSSIBLE YES IT IS DIFFERENT FROM MARRIAGE REGISTRAION NO PROBLEM YOU CAN MARRY UNDER SPECIAL MARRGE ACT IT APPLIES CASTE DIFFERENCE BETWEEN TWO PARITESriven
Swami Sadashiva Brahmendra Sar (Expert) 21 September 2009
I agree with Mr Mukul.
However, under s. 23 of the Contract Act, a contract is illegal if the court regards it immoral, or opposed to public policy. The terms "immoral, or opposed to public policy" are always matters of debate. There can not be a definition of morality or public policy, as these have ever-changing nature. These are dependent upon time and place. Thus, Opinions of other friends are also debatable.
riven
adv. rajeev ( rajoo ) (Expert) 21 September 2009
I agree with vishal.riven
Bhumik Dave (Expert) 22 September 2009
Fully agreed with above ld.riven
Adinath@Avinash Patil (Expert) 22 September 2009
Above expert are diferant opinion but in our India there is no recognition for contract marriage it is better you may marry with girl by registar marriage.Before that you try to convience your parents.If your parents not cnievinced then you go to marriage registerar,s office registrar will guide you.riven
Raj Kumar Makkad (Expert) 22 September 2009
Marriage is not a contract under Hindu Marriage Act so no contract to this effect can be made. I think this is the only quarry which has duly been replied.riven
AKHIL (Querist) 24 September 2009
thanks to all for guiding me thru ur expert opinion. main problem is my parents will never agree then what i has to do. is there any way for getting this marraige recognition without marraige registration...plz. help ...riven
Sachin Bhatia (Expert) 01 October 2009
Such agreement for marraige are void ab initio.


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