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Sha (a)     20 August 2012

Marriage registration between hindu and christian

Hi,

I am a Hindu and I got married to a Indian christian girl in 2006.  The marriage was performed in a temple in the presence of both parties and in the presence of relatives. After marriage we have been living together.

Now in 2012 i want to register my marriage under Special Marriage Act, 1954.


The authorities at the registration office has informed me that, i have to give one month notice after which the registration would be done. With this they told me that marriage happened date in the marriage certificate would be given on 2012(after serving 1 month's notice) instead of 2006. Is this true?

I want my marriage date in the marriage certificate to be on 2006 and the registration date as 2012. Will it be possible?


Thanks in advance.

Thanks,



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     20 August 2012

Not possible........because the only way to perform a valid marriage between a hindu and a christian is to marry under the special marriage act. Marrying in a temple in presence of relatives won't make the marriage valid. Act as per the directions of the registration authorities and marry so that the marriage will be legally valid.

Sha (a)     20 August 2012

Thanks for the information. If that's the case, it is going to be a problem for me because my wife will have to come to US on H4 for which the marriage registration is must.

The first question from the Visa officer would be "Since how long are you been married"? I am not sure what she should  answer? Whether she should say "6 years" or "1 month"? since the marriage certificate will have married date as 2012 and not 2006.


Is there a way where I can overcome this problem?

Thanks,

Anish Thakur 7018812737 (advocate)     20 August 2012

dear querist,

if you want to regiter your marriage now however you had got married in year 2006,you have no tension to worry as its a common fact and issue of law and common sense that if you are applying in year 2012 for registration of marriage then its common sense that you will get marriage certificate issued in year 2012 after the process ,its not a hurdle and no question of fact ,but you have to give and state your statements during the process of recording of statements in process of registration of marriage that you had got married in year 2006 and same in the affadavits you will submit for the process.the registration certificate you will receive no doubt contain the date of 2012 and date of issue of certificate only but your staemnts gioven are also registred in the record ,as special marriage act and any other act regarding the registration of marriage no where states any time boundation to get resgiter under this act after the consumation of marriage ,in general apprehension of law these laws are only made for solid proof opf law for the purpose of some government and foreign agencies ,as these certificates are issued as per govt gazette however every marriage consumated in india in any customary manner ,no matter the spouses have different religion but the mariage ceremony should be done as per religion of one of the spouse.so if your wife will say the date of marriage in 2006 during the interview will be equally valid as the date of issue of marriage certificate,feel free to call if you had left any doubt

1 Like

Sha (a)     21 August 2012

Dear Anish,

 

Thanks for your clarification.


Do I have to perform a Re-marriage in front of Registar to register my marriage under Special marriage act

OR

Directly register my marriage( without re-marriage) under special marriage act after giving 1 month notice to Marriage Registar?

Thanks,

Sha (a)     05 November 2012

Hello,


Finally I have registed my marriage under Special Marriage Act.

Getting married in a Temple and in the presence of relatives is very much valid. I have given 1 month notice and registered and it is all legal.

The marriage date in the marriage certificate is effect from 2006 and has regirsted date as 2012.

For anyone who want to register their marriage under Special Marriage Act even though their marriage happened in the past date, it can be registered provide you have given 1 month notice.

Thanks,


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