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Maplez (NOt much)     30 April 2015

Live in relation and special marriage act

Hello 

Needed this advice for someone I know

A couple I know have been staying separately -  in different houses, but they are as good as - in a live- in relationship.

And now they have a child. 

The hindrance they had- about not wanting to get married  earlier- has gone and now they wish to do so ASAP.

The prospective groom follows Islam

The bride is a Christian

Neither would be changing their religion- hence they don't wana do a church wedding or a Nikah ceremony. They were hence suggested the Civil Marriage- through Special Marriage Act.

They would be going to the Registrars Office in a few days. Since they haven't seen that form, they or even me- don't know if they should mention their child or not.

They have the child's birth certificate with both their names.

Please advise as I would be going as a witness for them

TIA

Maplez

 

 

 

 



 9 Replies

Sandeep (Advocate)     30 April 2015

They need not mention about their child and application for registration under Special Marriage Act.

Maplez (NOt much)     30 April 2015

Originally posted by : Sandeep
They need not mention about their child and application for registration under Special Marriage Act.

 

Thanks Sandeep.

T. Kalaiselvan, Advocate (Advocate)     04 May 2015

There is no column in the application for child details hence dont be bothered about it. The child is different subject to the marriage being proposed to take place.

SAINATH DEVALLA (LEGAL CONSULTANT)     06 May 2015

They can opt for marriage under special marriage act without a second thought.

Maplez (NOt much)     07 May 2015

Thank You Mr kalai sevalan and Mr devalla.They applied.

Now waiting for next month so that they can go and get it done.:)

 

Maplez (NOt much)     18 May 2015

Hello All.

My friends went to register under the Special Marriage Act. 

They had all the required documents with them. They had to take the child along with them as there is no one else to take care of baby.

The Sub registrar refused to sign their form and accept it. He kept saying that because the child is illegitimate, this marriage wouldn't happen. He kept repeating it like tape- recorder.

When finally I went in and asked why not. His standard answer was that, because the child is illegitimate. I was a little angry and had to finally ask him, if he is saying that the law doesn;t allow such marriages, coz as far as I knew, it is allowed. They weren't doing anything illegal.

Then, he says the same thing. Later he advises my friends that the girl should convert and get married by a 'Qaazi' as per Muslim Law so that they can make the child legitimate.

I found it a little too amusing and I had to ask him again, if HE didnt want to help in marrying the couple? Is he saying that or is he trying to say that the Act doesnt allow.

When I said that, he asked the bride to be - about the illegitimacy of the child, and the bride replied that- how does it even matter, she is okay with that fact.

The sub registrat then said. This time in Hindi- that- If a lady is pregnant or if the couple is with a child, they don't allow such marriages because the child is illegitimate . 

Anyway. Finally, when my friends and I started questioning the sub registrar about the law, he stayed quiet and signed the form and accepted it. Gave the receipt. He also said that the couple can come after a month to exchange vows.

All this while, the clerks in the office were creating a scene and trying to advice the registrar that he should enquire about the child and he should accept. Blah Blah.

Just, FYI - the child is theirs- They have all the proof under the sun for that including hospital discharge papers, ante- natal checkups and birth certificates.

I feel, the sub registrar is trying to get a bribe or may be create difficulties for the couple when they go after 30 days.

What do you all suggest?

Is there a lawyer in Hyderabad who they can contact who can help them?

Please Help . Thanks

 

 

 

T. Kalaiselvan, Advocate (Advocate)     18 May 2015

@Queryist: The registrar has got no authority to question about the child or its legitimacy.  He is bound to go by the procedures as pe law. If he is crating unnecessary problem on the child issue, ask him to give in writing that he cannot go ahead with the registration of marriage under special marriage ct just because the couple had begotten a child before their marriage.  He is operating beyond law without any authority to do so. The matter can be escalated to the Deputy IG Registration or even IG Registration mentioning the entire episode along with the office staff cited as witness besides your own witnesses.  You may also request an advocate to accompany you so that he can argue on that matter.  The behavior of the registrar is the height of stupidity.  If he expecting bribe, accept it and trap him with a petition to the DVAC department. 

Maplez (NOt much)     18 May 2015

Thank You Sir - ( Mr T. KalaiSelvan) I would suggest that to them - as you mentioned. Ill ask them to look for a lawyer as well.

 

:)

Maplez (NOt much)     24 May 2015

Hello All.

Could someone suggest an Open Minded lawyer for my friend. In Hyderabad/ Secunderabd to pursue to above matter. I understand our society is prolly narrow minded ( in my eyes) and we are all entitled to our thoughts and beliefs. However, it would make matters easier to deal if the lawyer and my friends are on the same page.. 

Any help would be appreciated.   TIA

 


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