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Manisha (Senior trainer)     16 November 2014

Marriage certificate of mangal karlaya valid or not


i had a query.i want to know what is the validity of a marriage certificate from a mangal karlaya if not submitted to municipal corporation of that city with documents.is it valid in terms of law of that country & state?is that marriage legal?if divorce can be applied in this scenario?


Please help


 2 Replies

Adv. Chandrasekhar (Advocate)     16 November 2014

In India, for divorce, marriage certificate is not mandatory till date.  If the marriage invitation card, photographs and affidavit from the petitioner saying the marriage was solemnized would be taken as proper marriage in divorce proceedings and generally other party consents of the somenization of marriage and contest the case.  If the other party does not accept the solemnization of the marriage, then seeking the divorce from him does not arise.  2.  In India, Municipal authorities do not issue marriage certificates.  In Hindu Marriage Act, the parties can register their marrige before the registrar of marriage and he will issue the certificate.  Similarly, Marriage Officer under Special Marriage Act and in the case of Arya samaj Marriage, Arya Samaj and Competent cleric in the case of Muslims and authorized church in the case of Christians issue certificates.  I cannot categorise your "Mangal Karlaya" in any of the above categories.

Nitin (Law)     16 November 2014

Please note that Indian ceremonial marriages even with 1000 guests may be valid in India but if one wants to pursue the case internationally this is not recognized.If a marriage is not registered then the marriage is not valid Internationally.

Refer to Shiren and Anni Diwani case

British high commission in India said that the union was never registered, and therefore would not have been recognized in either Britain or Sweden.

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