Member (NA) 30 November 2011
When the would be bride and groom are of different religion, Hindu and Christian, and neither have converted the religion the marriage has to be under Special Marriage Act.
Is it possible that without converting the religion, they get married in a temple, and take a certificate from the priest, And with this certificate come to the registrar and get the marriage registered under the SMA,1954?
Also in such a case does the address proof requirement of 30 days mandated here too?
Dr J C Vashista (Advocate) 30 November 2011
Marriage under the provisions of Special Marriage Act permits any two persons may get their marriage registered with the Registrar of Marriage, hence no need to go for change of religion and/or marriage in a Mandir.
Member (NA) 01 December 2011
Thankyou. But that still does not answer my question. Is it possible that without change of religion they get married in a temple, and with that underlying proof get registered under SMA. Does SMA 1954 recognise the marriage in the temple in this case
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 02 December 2011
No, SMA doesnor recognize marriage performed by rites and rituals.
As the marriage was registered under SMA, that is proof enough of valid marriage.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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