Daniel (DM-L&D) 23 March 2014

Arya Samaj Marriage plan

Dear Experts,

Please allow me to present my concern.

I am a 32 year old partially observant Christian man living with with a 31 year old Hindu observant girl with the implicit sanction of our parents and immediate relatives. We are secular/plural with respect to our religious values. Immediate colleagues and society are aware of our more than 9 year old relationship. We never felt the need to marry but now have an urgent legal situation that requires us to marry right away (it is not pregnancy - just to clarify).

Please correct me and advise us on the following plan.

I become a member of the Arya Samaj this week (to take care of the Kerala HC Judgement) and convert to Hinduism(to make HMA applicable). Next, we get the marriage solemnised as per vedic rituals. Then, approach the registrar of marriages for our locality and get the marriage registered under HMA, 1955. All of a maximum of five days.

Please tell me where the flaws are or what problems you foresee. I shall hold your opinion/assistance/comments in high regard. Also, anyone with information on speeding up registration (exemption from notice period/legally backdating the notice) under the SMA, 1954 may kindly share.

Thank you.

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2 Replies

Advocate Ravinder (Advocate/Attorney) 23 March 2014

For changing your religion from Christian to Hindu, first you have to go to Arya samaj, they will give you a change of religion certificate, next you have to change your religion by Gazettee Notification (which includes paper publication, sworn affidavit, printing charges, covering letter etc). Then you have to go for registration of your marraige in Sub registrar office. visit https://deptpub.nic.in/forms/forms%5B18%5D.pdf for full information.

T. Kalaiselvan, Advocate (Advocate) 25 March 2014

A Hindu and Christian can marry each other under the provisions of Special marriage act, there is no bar to it. For this you do not have to convert into a Hindu by religion. Rest other formalities as per the act are to be observed, if you can wait for 9 years why not for another one or two months more?