Civil Procedure Code (CPC)

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Abhinav Thakre (a)     21 February 2011

NEED A HELP PLEASE....

Hi Sir,

Can you please go through the attached document and provide your valuable suggestions if the marriage is legal or not?

Thank you.



 5 Replies

Tajobsindia (Senior Partner )     22 February 2011

In my opinion if I was able to see the represented diagram properly minus my rainbow glasses then the status quo that you want from the diagram annexed in your post with some additional inputs are ;

 

If you can produce ancestral custom documents and or witness that there is custom prevailing in presented diagram case then represented groom can marry represented bride. However, if they marry then legal consequences are that it is a void marriage, but cannot be declared by a decree of nullity due to the simple reason that neither of the parties will file the petition, as they are willing to marry (see bar at S.11 of the Hindu Marriage Act) I actually mean that who will willingly like to burn their backyard! The logical question which may arise is can we register our marriage so the answer may be not possible. Ok, so far if understood then the you may ask in your next post what about children out of such wedlock as in status of them in society, don’t worry the children are legitimate due to the reason that the marriage won't be declared null (because both bride and groom in represented diagram willingly married) and despite the nullity the children are legitimate (see bar at S. 16). If so far so good things are then it may happen that one of the family member from karta lineage may do a wild goose chase and may file a suit against this bride and groom under S. 18 HMA which may be a possibility as in a third party here may file a complaint which is a remote chance as chances of conviction are less just for the simple reason that solemnization has to be proved and even if convicted then Court is not Dracula but will indirectly rescue this young bride and groom by letting them off with small fine !

 

I am open for correction if any on above brief reply.

1 Like

Abhinav Thakre (a)     22 February 2011

Hi tajobsindia Sir,

A sincere thank you to you for your quick reply on my query. I really appretiate your help. Sorry I could not present my query in proper format, as I am not a law person. I have some more queries. Please be kind to answer those too.

Does Hindu Marriage Act permits this marriage because the bride and groom are "second cousins once removed"? If not, can they register their marriage in any other way
(like using Special Marriage Act instead of Hindu marriage Act) to make it legal? Both the people involving the marriage are Buddhist and are willing to marry. I could not find any rule restricting the marriage in Buddhism when googled around. Is there any way for them to get married otherwise? Won't the marriage work if the marriage is not registered?

Kindly please help me regarding the above.

Thank you.

Tajobsindia (Senior Partner )     22 February 2011

1. Yes they can register their marriage under HMA
2. My personal opinion; if two people have not taken permission from Court to marry irrespective of their reliegion then why worry if the marriage is going to work or not. The worry comes only if one party has some hidden scheme of things to do post marriage !

 

1 Like

Abhinav Thakre (a)     22 February 2011

Hi Sir,

Thank you very much for the clarification.

I was asking "if the marriage is going to work" in context of any legal pressure after marriage :)

I asked regarding the validity of marriage with HMA because I doubted if it comes in prohibited "sapinda relationships".

Does it not come under the prohibited "sapinda relationship" sir according to HMA?

Thank you.
 

Abhinav Thakre (a)     23 February 2011

Thank You very much Sir for helping me out in my Query. It was very Helpful. Many of my doubts are cleared by your responses. My concern was if the bride and groom can legally marry according to HMA or not because according to HMA, as far as I cuold understand, people with "SAPINDA RELATIONSHIP" upto "second cousin" cannot marry. But in this presented scenario, the two are "second cousin once removed" i.e. one level below the "second cousin" i guess. So can you please help if this relation is also prohibited or not? Thank you very much Sir.


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