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S B Kumar (Consultant)     03 December 2012

Marriage at age of 17yrs 11 months

Dear All,

At the time of marriage my wife's age was 17 yrs 10 months and 24 days (on the day of marriage).

is it legal as both parties consent was there and we are happily married for 03 yrs now and I wish to opt for a marriage certificate

Regards



Learning

 9 Replies

Tajobsindia (Senior Partner )     03 December 2012

1. When no difference since past 3 years then it is as good as legal. However since you have doubts then all you need to ask her is at what age she had her first menses? If she attained puberty by that time then it is legal to have married her is my view.
2. You can Register your marriage by first getting an Order under 'Declaratory Civil Suit' (clearly there mention the age of bride as per above stated brief r/w no allegations between spouses instead harmonious living till date as husband and wife with two proof witnesses from each side to that effect) which is a simple Civil proceedings in Jurisdiction Court and then a specific Filling Marriage Registration Form (fill specific Form - Marriage Registration which have already been solemnised) and Affidavits each and finaly meeting late fees as per your State Amendments.

S B Kumar (Consultant)     03 December 2012

Thanks a lot sir

S B Kumar (Consultant)     03 December 2012

Dear TA,

Marriage was done as per hindu rituals.It was an arranged marriage and no one has the objection.

My query is if it can be considered as legal since at the time of marriage my wifes age was not 18.

Can i ask for a marriage certificate.

What is making me worried is that at the time of marriage she was 17 yrs 11 months only.

Tajobsindia (Senior Partner )     03 December 2012

1. Yes.
2.
Re-read para 2 in my above reply.
3. You may go for Marriage Registration and from which you seek Marriage Registration Certificate after following
Para 2 sequence.

 

s.k ganguly (manager)     03 December 2012

sir,       

                                                                                                                                                                                                                       My  friend got 2nd marriage last 2 years ago... but when ever he register his 2nd marriage, he did not informed his 1st marriage in his 2nd marriage registration application.. ( he dont know that time this procedure ).....my question is .... is this marriage is valid in the eye of law ???

Tajobsindia (Senior Partner )     04 December 2012

@ Second queriest

1
. If your friend is Muslim then by following Para
2 in my first reply herein he can Register his 2nd. Marriage.

2. If your friend is Hindu or Christian then his 2nd. Marriage while first marriage is subsisting is not valid legally, hence it should not be Registered hiding facts. Also he might be very well aware of formalities (procedures) as both parites while Registering their Marriage give by way of Sworn Oath Affidavit statement as to their previous (if any) marriage status unless he says now to you he is un-educated and Oath Commissioner didnot read out his own sworn Affidavit before affixing it. Then also his 2n. marriage while first one is not dissolved is not a legal marriage if his first wife objects to it.

s.k ganguly (manager)     04 December 2012

My  friend  is  Hindu  &  he  register  his  2nd  marriage by special marriage act...... he complied  his 1st  marriage  mutual divorce formalities....  but   when  ever  he complied  his  2nd marriage ,  he did not  inform or tick    (signal / divorce states ) mistakenly .... he  did not  know  the procedures,  that  time....marriage registrar  asked  him for  signature  at marriage registry papers ,  he &  his wife  follow  the  same........... my  friend  &  his  2nd  wife complete   2 years marriage life........ my  question is in this  circumstances  this 2nd  is valid  or not ???

Tajobsindia (Senior Partner )     04 December 2012

@ Second queriest

Based on your clarification the second marriage is a valid marriage. The error can be waived off if any legal proceedings ever gets instituted.

S B Kumar (Consultant)     04 December 2012

Dear All,

Thanks a lot for your replies my query is resolved now


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