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Renuka Gupta ( Gender Researcher )     23 September 2010

Need information

I would like to know if  it is true that as a result of a recent amendment in the existing Special marriage Act and the Hindu Marriage Act, marriages can now be legalised/solemnised without the concerned parties having to give a month's notice as was mandatory till now. Has the conrelevant amendment come into force?

Thanks in advance..



 5 Replies

Guest (Guest)     23 September 2010

There is no such amendment in the existing law.  Recent amendment is in proposal stage lying for discussion before rajya sabha and public opinion is solicited by 2nd oct. 2010 and it is not related to registration of marriages.

In HMA, one month notice is never necessary for registration of marriage.

In SMA, one month notice period is mandatory.  But recently Delhi Assembly (but only for Delhi) made amendment in its rule saying that one month residence in Delhi (earlier it was mandatory) by any of the spouses is  not necessary to get marriage registered in Delhi.  This is to facilitate the boys and girls to come out of clutches of khap panchayats of neighbouring States and run away to Delhi and get their marriages registered under SMA.  In addition to this, Justice Bhatt of Delhi High Court passed the order in one of his cases that if the  parties to the marriage do not want, their marriage notices shall not be sent to the parents of the parties, as such step will defeat the very purpose for which people go for marriage under Special Marriage Act.  As a result of this,  the people who want to go for inter caste, inter religious, inter national  marriages can go to Delhi and get their marriage registered without having residential status in Delhi and without getting their marriage intimated to their parents. 

3 Like

(Guest)

agree with prabhakar. this is being done to safeguard khap panchayat killings.

Renuka Gupta ( Gender Researcher )     24 September 2010

 do I understand that if two consenting adults who are currently residents of Delhi can marry immediately under the SM , i.e., without having to wait for a month? Alternatively, if these two persons are staying outside Delhi, can they come to Delhi and get married immediately?
 
Thanks...

Guest (Guest)     24 September 2010

If they want to register their marriage under SPA, they have to wait for atleast one month after filing of their application. Only relaxation given is that they need not be residents of Delhi.  If it is under HMA or Arya Samaj Marriage, there is no waiting period of one month.  After performance of rituals, with the documentary proof they can get their marriage registered on the next day under HMA.

Guest (Guest)     24 September 2010

I am just clarifying the doubts raised by Ms. Renuka.  I request the readers that please do not call me for assistance of registration of marriages, because I do not take up those cases.


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