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anuradha goyal (member)     16 December 2011

Marriage registration

A nri boy wants to marry hindu girl and will be reaching soon india. marriage will be performed in temple as it is against parents wish. will it be registered under special marriage act what is the procedure for it



 4 Replies

Shantanu Wavhal (Worker)     16 December 2011

if boy is also hindu, then the marriage will be governed by hindu marriage act.

civil marriage (sometimes wrongly called - registered marriage) is different than ceremonial marriage.

 

7.         Ceremonies for a Hindu marriage

(1)       A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2)       Where such rites and ceremonies includes the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

 

Shantanu Wavhal (Worker)     16 December 2011

 

8.         Registration of Hindu marriages

(1)       For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage, may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be  prescribed in a Hindu Marriage Register kept for the purpose.

(2)       Notwithstanding anything contained in sub section(1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars refereed to in sub-section (1)shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule  made in this behalf shall be punishable with fine which may extend to twenty five rupees.

(3)       All rules made under this section shall be laid before the  State Legislature, as soon as may be, after they are made.

(4)       The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5)       Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     21 December 2011

I agree with Mr.Amit.
 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

Nothing more to add.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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