PROVING MARRIAGE

dipankar (Querist) 13 November 2010 This query is : Resolved
Dear PARTHARATHI sir,

I am happy with your advice that the marriage of mine done in a temple can be taken to local marriage registration office for registering the marriage. Now my problem is the girl is denying the marriage as her father is not ready to accept our marriage.so i want to lodge a family case under sec.9 of family act. now if the girl will not come will the marriage registrar will issue a certificate on the basis of priests certificate.i also have one marriage photograph with vermilion on her head./the priest us also ready for giving witness.PLEASE HELP.

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Parthasarathi Loganathan (Expert) 13 November 2010
Mr. Dipankar I feel you are posting the same issue in two different threads which will hardly fetch you the desired legal solutions. It is better to revert back to your queries and consolidate them in a single thread so that you will get the right opinion from the participants.

However,if the girl is not willing to co-operate with you to prove the marriage legally, then what you are going to gain and to whom you are proving a point about establishment of marriage with that girl. I feel under the disputed circumstances, it is better to sort it out internally with your family and relative sources. You need to first exhaust this option.

Koumarish Bhattacharya (Expert) 13 November 2010
Though I agree with the view of Mr. Parthasarathi, it can not altogether be said that there is no way of proving the marriage in case the wife is denying the same. In my opinion any of the following may prove the marriage:
1. Witnesses,
2. Photo of the ceremony of marriage.
3. Photo of the parties in such a condition as it appears to be the photo of husband and wife.
4. Any identity card of the wife showing the name of the husband.
5. The certificate of birth of the child, if any, showing the name of the parents.

mahendrakumar (Expert) 14 November 2010
before trying to establish the marriage legally,establish the same at her heart.

any other actions in regard is futile.

law has no role in love

Khaleel Ahmed (Expert) 14 November 2010
Personal Message may be sent to the expert for direct and instant contact.

s.subramanian (Expert) 14 November 2010
I agree with Mr.Koumarish

Arun Kumar Bhagat (Expert) 14 November 2010
The girl has to appear before the Marriage Registrar and to put her signature in the register.Priest certificate is not recognised in law. You can say that the marriage was under hindu rites and customs. In order to avoid any future complications approach the family court and get a finding otherwise be ready for DV act in future.

Adv. Biju Gopal (Expert) 14 November 2010
I can't accept the view of Mr. Arun Kumar Bhagat. Priest certificate and testimony of the witness are sufficient to proov hindu marriage. Even though the marriage is not registered, the same will be valid.

Adv.Biju Gopal
www.familylawyers.in