Marriage between Christian boy and Hindu girl

I got married to a hindu girl in a temple in front of friends and well wishers. We have been happily married for the past 11 years (I am a Christian married to a Hindu girl) but now understand that the marriage is not valid. What options do we have to legalise our marriage and what is the process.

I would like to get the marriage solemnised in the church but sadly the church wants a marriage certificate.For obtaining the marriage certificate, I understand that I need to get the whole process of marriage conducted in the court from scratch which means the court would not legalise our marriage for all these years and it will be considered as a new marriage. Is this all true? I somehow cannot digest this

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4 Replies

A V Vishal (Advocate) 14 July 2009

MGM

You need to register your marriage under the Special Marriage Act.

S.15. Registration of marriages celebrated in other forms.- Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872 or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:

(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since

(b) neither party has at the time of registration more than one spouse living;

(d) the parties have completed the age of twenty-one year at the time of registration;

(e) the parties are not within the degrees of prohibited relationship:

Provided that in case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and

(f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

S.16. Procedure for registration.- Upon receipt of an application signed by both the parties to the marriage for the registration of their under this chapter, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in Sec. 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the Form specified in the Fifth Schedule and such certificate shall be signed by the parties to the marriage and by three witnesses.

Further, you need to provide proof of the marriage 11 years back in form of some Photograph taken during the marriage and seek condonation of delay in registering the marriage. The condonation for delay has to be made to the Dist Marriage Officer. There is a penalty which needs to be paid on basis of each lapsed year. The marriage will have retrospective effect its registration only being prospective.

Vijay Kumar (Advocate) 14 July 2009

You need not worry. Both of you have been peacefully living for past 11 years. What is the problem now? In my opinion, you need not do anything.

saumit joshi (advocate) 15 July 2009

11 years of Happy marriage life-no isssue-But marriage registration is compulsory for everybody-As per my view you must be register your marriage as per special marriage act-because its valid evidence of your marriage.

Dharmesh Manjeshwar (Advocate/Lawyer) 15 July 2009

Well You will have to cover up past mistakes .... no doubt that it is 11 years into your marriage .... but since you mention that u got married in a temple .... I take it that u got married as per hindu rites .... but for a valid hindu marriage .... it is essential that both the parties should be hindus ..... and since u did not convert urself then ..... u will have to do so now and get married as per hindu rites and register ur marriage ....... or else you will have to get married as per the Special marriage act ..... where nobody needs to change their religion ..... but u will have to give mandatory one month notice before that ...... legally ur relationship as husband and wife is questionable ....... cause ur marriage is questionable ..