i am 21 year old and am in a relationship for past 5years with a boy who belongs to a different caste.Both of us have crossed the legal age limit and want to tie the knots as soon as possible.We want to get it registered.so want to ask you a few questions-
1.we should opt for court marriage or should get married at arya samaj mandir and then get it registered
2.will u please explain the technicalities of court marriage as i don't want any kind of risk.my parents will not be ready for it at any cost.
3.can u give an estimate of the expenditures involved?
A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under the Special Marriage Act, 1954.
Further, marriage can be solemnised between any two persons under the provisions of the Special Marriage Act, 1954.
Situation as discribed by you do not suit to court marriage under Special Marriage Act, 1954. it is lenghthy process also. You can either marry with all Hindu rites( saptapadi) in temle or marry in Arya Samaja and may get it register later.
According to my knowledge Generally court marriage word is not defined any where. But under Special marriage Act Both the major Girl and boy may file an application before the sub divisional magistrate. SDM invites the objections through publication and affixeing the information on notice board. If no objection is filed within 30 days marriage is registerd with other formal ceremonis as exchange of garland etc.
The Special Marriage Act (1954): This Act covers marriages between people of different religions, but people of the same faith can also be married under this Act.
Certain papers must be filed with the marriage registrar, including affidavits (in a prescribed form) by each party that they are single, and certifications from the local police station for each party that they have been resident of that area for at least 30 days. A notice of the intended marriage is published.
Thirty days after publication of the notice, the marriage is solemnized by the marriage registrar in the presence of the bride and groom and three witnesses.
The registrar registers the marriage and issues a marriage certificate.