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Rajeev Kumar (Professioanl Social worker)     08 December 2009

parental consent and court marriage

Dear All

in one case  boy and girl want to solemize their marriage under special marriage act- thier parents are not ready for that. they might creat problem.

both boy and girl have thier address proof ( voter id and passport) that mention a different address apart from thier parental address.

I understand that address verification is compulsory.

 

here my queries are:

whether there is provision of  address verfication or sending notice to parents?

whether address verification will be compulsory, even if boy and girl can produce thier address proof in original?

regards

 



Learning

 4 Replies

N.K.Assumi (Advocate)     08 December 2009

21 days notice must be given by the marriage officer for objections  to the proposed marriage, within whose jurisdiction one of the parties rsided atleast for thirty days before the date of the notice which must be published.

Rajeev Kumar (Professioanl Social worker)     08 December 2009

Dear NK sir

Thanks for prompt reply

jurisdiction means, where boy or girl reside and  the place which is mentioned in thier address proof.   am I correct?

both the girl and boy are 30 years old and both  are unmarried. in such condition who can raise objection? whether parents can raise objection?

whether such notice published in newspaper? I am sorry to ask but I never come across such published notice in news paper.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 December 2009

//whether there is provision of  address verfication or sending notice to parents?//

There is no such address verification. One just has to give proof of residence within the limits of registrar office before which marriage is solemnised. 

No notice will be sent to parent or anyone else.

//whether address verification will be compulsory, even if boy and girl can produce thier address proof in original?//

There is no address verification is done. One has to produce address proof to attract the jurisdiction of particular registrar office.

 

Further, public notice is given by pasting the Required Notice of intended marraige in the Notice board of Registrar office. Public notice is not given in News paper.


Rajeev Kumar (Professioanl Social worker)     09 December 2009

Dear Ramesh sir,

thanks for relieving reply. it might solve thier problem.

recently  a Delhi high court judgment orderd that no notice must be sent to parent. as there is no such provision in special marriage act. couple have have right to marry with out consent of parents.

but whether this judgement of Delhi HC will be applicable in Jharkhand also? I  don't know. if any one apply in Jharkhand HC , it might take another 6 months.

warm regards


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