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pradeep (na)     16 April 2013

Court marriage

A girl want to marry a divorcy. Divorcy had a male child which is infant and with mother (ex wife). There is no any court order regarding custody or maintenance, except the disposal of the case by supreme court. What precaution the girl should take before marriage?

Is it possible to do court marriage before actual marriage? A lawer says that if both from the same caste the court marriage is not possible, only it can be registered after performing the marriage within one year. Is it true?



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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 April 2013

Yes. Your lawyer suggession is true. The girl can marry him after getting divorce from previus wife only possible.

pradeep (na)     16 April 2013

Sir, I think you have misunderstood my question. Divorse case is already disposed. My questions are :

1. What precausions?

2. Why court marriage should not be before the ceremonial marriage?

Advocate Suwarna Jadhao (-)     16 April 2013

Hello sir,

If the divorce decree is passed, than the divorcee can remarry. She can marry under the special marriage Act, for which one months notice is to be given in the sub-registrar office, whithin whose jurisdiction ur residing. And after expiry of 30 days of notice to marriage u can register marriage. the marriage can be registered within 3 months from the date of notice to marriage. 

And its not the case that if u r of u caste u cannot marry u/spl. Marr. Act. There are 2 option to u, either u can marry according to ur customs and than register the marriage, or u can marry u/SMA as per above mantioned procedure.

Adv. Suwarna Jadhao

Nagpur

Advocate Suwarna Jadhao (-)     16 April 2013

Hello sir,

For ur perusal Iam giving the wordings of section 4 of this ACT, which reads as follows, and which can clear ur doubts.This act applies to whole of India execpt J&K

Solemnization of Special Marriages
4. Conditions relating to solemnization of special marriage.-
Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled namely:

(a) Neither party has a spouse living:
(b) neither party-
(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind, or
(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(iii) has been subject to recurrent attacks of insanity or epilepsy;
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited relationship:

Adv. Suwarna Jadhao 

Nagpur


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