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Re: marriage in a hindu temple

(Querist) 12 October 2012 This query is : Resolved 
Can the experts advise what all is technically and/or legally required to complete a marriage in a Hindu temple apart from the religious ceremonies?

Also, are there any time limits associated?

Thank you in advance
Sudhir Kumar, Advocate Online (Expert) 12 October 2012
what is full query
Guest (Expert) 12 October 2012
Only a Vedic/ Sanatan Dharmi Pandit can guide you on this religious issue. Law can guide you only about registration of marriage, not any religious ceremony method to be adopted in any Temple, Arya Samaj, Church or Mosque.
R.K Nanda (Expert) 12 October 2012
state full facts.
What is in the name (Querist) 12 October 2012
My query is not for religious ceremonies but for legal advice for legal requirements associated to marriage in a Hindu temple. Thanks Dhingra sir for your comments. Could you please advise if there is any time limit for registration of marriage? Where all is it possible? Is it before or after marriage?

Thank you once again
Guest (Expert) 12 October 2012
Yours is not a legal problem. If you have faced any such problem from the hands of law, you should better write write the same clearly, whether any law and order problem was created by such marriage and on account of what reason? Otherwise, if not, your query is purely of academic and religious nature.
What is in the name (Querist) 12 October 2012
Sir, there is not law and order problem currently.
I just want to know the lead time for securing registration and if there would be any problems if the registration is not done in time.

Some years back, one of my cousins was an NRI and came for marriage and registration was done after 3 months of marriage. But I learnt that recently the law has changed and registration must be done within a stipulated period else there may be fine/punishment.

So, need experts advice on the same.
What is in the name (Querist) 12 October 2012
Dear Experts,
It will really be helpful to know if there are any time limitations by law for registration of marriage and what are the consequences in case there is a slippage to secure registration within time limits
Tajobsindia (Expert) 13 October 2012
I donot think this is academic query. The queriest has asked two specific questions.

To your first question the clear answer as per Law is that Religious marriage in a temple is a traditional Hindu form of marriage, and here “saptapadi” and “data homa” are two essential ceremonies and without there being these two ceremonies, there would not be a valid Hindu marriage in a temple.

However, In the Hindu Marriage Act, 1955, there is a State amendment by the State of Tamil Nadu, which has been inserted as Section 7-A. The relevant portion thereof is as follows:

7-A. Special provision regarding suyamariyathai and seerthiruththa marriages.- (1) This section shall apply to any marriage between any two Hindus,whether called suyamariyathai marriage or seerthiruththa marriage or by any other name, solemnised in the presence of relatives, friends or other persons -
(a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband; or
(b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or
(c) by the tying of the thali.
(2) (a) Notwithstanding anything contained in Section 7, but subject to the other provisions of this Act, all marriages to which this section applies solemnised after the commencement of the Hindu Marriage (Tamil Nadu Amendment) Act, 1967, shall be good and valid in law.
(b) Notwithstanding anything contained in Section 7 or in any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force
immediately before the commencement of the Hindu Marriage (Tamil Nadu Amendment) Act, 1967, or in any other law in force immediately before such
commencement or in any judgment, decree or order of any court, but subject to sub-section (3), all marriages to which this section applies solemnised at any time before such commencement, shall be deemed to have been, with effect on and from the date of the solemnization of each such marriage, respectively, good and valid in law.

Thus Section 7-A applies to any marriage between two Hindus solemnised in the presence of relatives, friends or other persons. The main thrust of this provision is that the presence of a priest is not necessary for the performance of a valid marriage. Parties can enter into a marriage in the presence of relatives or friends or other persons and each party to the marriage should declare in the language understood by the parties that each takes the other to be his wife or, as the case may be, her husband, and the marriage would be completed by a simple ceremony requiring the parties to the marriage to garland each other or put a ring upon any finger of the other or tie a thali. Any of these ceremonies, namely, garlanding each other or putting a ring upon any finger of the other or tying a thali would be sufficient to complete a valid marriage. Sub-section (2)(a) of Section 7-A specifically says that notwithstanding anything contained in Section 7, all marriages to which this provision applies and solemnised after the commencement of the Hindu Marriage (Tamil Nadu Amendment) Act, 1967, shall be good and valid in law. Sub- section (2)(b) further says that notwithstanding anything contained in Section 7 or in any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage (Tamil Nadu Amendment) Act, 1967, or in any other law in force immediately before such
commencement or in any judgment, decree or order of any court, all marriages to which this section applies solemnised at any time before such commencement, shall be deemed to have been valid. The only inhibition provided is that this marriage shall be subject to sub-section (3) of Section 7-A.


To your second part of the question a “religious marriage” such as one done in a temple can be Registered under the local State enactment which requires the compulsory registration of all marriages being solemnized between the people living in the State irrespective of their religion.

These State Acts are for marriage registration made specially for those cases where previously there was no proper registration of marriages being solemnized in any form as well as for those people who still marry in a temple.

Here there exists a time limit of 3 months / 90 days for Registration of marriage with the Registrar of the area concerned in which the marriage was solemnized or ordinary place of residence of the bride or groom.

In case the parties fail to Register their marriage within 90 days then they will have to pay penalty which may extend to Rs. 500/- or more depending on the provision in the individual State Act (one has to just refer to particular State’s Act) . If there is a delay within one year then apart from the penalty in money, the parties will first have to gets written permission of the District Registrar, which they get only after they file duly attested affidavit by the Notary Public or Magistrate explaining the cause of delay condonation. If delay is of more then one year then a similar permission has to be obtained from the Chief Registrar, after producing attested affidavit & paying penalty.


Hope your two main questions are attended and either you close your query and start new thread for any frehs question or allow me to close your query by hitting Resolved drop down?
What is in the name (Querist) 18 October 2012
Thanks very much Tajobsindia for the valuable inputs and advice.

Arun Kumar Bhagat (Expert) 08 November 2012
Very informative reply by Tajobsindia.


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