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mayankkumar (practise in the court)     19 October 2011

Marriage by arya samaj mandir

to what extend marriage by arya samaj mandi is legal



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 14 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2011

Dear mayank

The marriage solomonized in Arya Samaj Mandir are valid under Hindu law

mayankkumar (practise in the court)     19 October 2011

thanks to nadeem  qureshi

mayankkumar (practise in the court)     19 October 2011

can it save to couples who marriage by arya samaj mandir by any legal problem

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

Means whats the legal problems.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Abhi (Analyst)     20 October 2011

Sorry to add to the same post,but a question related to that.

Person married  under Special Marriage Act  through a NGO, but not registered in Court after or within 3months nor solemnised in Temple.Can the marriage be legal

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 October 2011

not except in Tamil Nadu

Abhi (Analyst)     21 October 2011

In that case Shonee,if a marriage was done  thru an NGO(not in Tamilnadu) and after living 8 yrs they want to seperate .How will the case hold.

Can any partner object to it

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 October 2011

:-) Yes and No, depends on many factors

JP (PM)     24 October 2011

Dear shonee ,

 

i have few questions and will be thankful if you can answer them :

1. pandit performed the rights of marriage in some other mandir which is authorized by arya samaj society here . The authorized pandit says that our pandit is not authorized by arya samaj society here . so is this marriage legal ?

2. That pandit never fulfilled the paper requirement like affidavit , residence proof etc . Is this marriage still legal ? 

3. If yes , but that girl dont want to stay with my friend but at the same time not coming forward for DV . Waht could be the way out now ?

4. Is there any other way except legal DV for cancellation or annulment of this marriage ?

5. That gilr is having affair with another guy now and her parents are putting wrong allegations on my friend . Can there be any way where my friend can prove her adultery and take divorce ?

 

Thanks,

JP (PM)     24 October 2011

Few more questions :

 

5. This arya samaj marriage is not registered with court or registrar . is it legal ?  

6. somebody told me that 2 years back SC has made mandatory to register the Arya samaj marriages and still if it is not registered till now .... is it legal or can it be cancelled on this basis ?

7. today rajasthan HC made arya samaj marriages illegal without consent of parents . Will this effect marriages done 6 months back also ? and will this ruling prevail over whole of india or only rajasthan ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 October 2011

 

1. pandit performed the rights of marriage in some other mandir which is authorized by arya samaj society here . The authorized pandit says that our pandit is not authorized by arya samaj society here . so is this marriage legal ?


:-) I DON'T KNOW WHAT ILLEGALITY HE IS DISCUSSING. ANYWAYS MARRIAGES BY ARYA SAMAJI RITUALS IS A VALID MARRIAGE AS PER HINDU MARRIAGE ACT.


2. That pandit never fulfilled the paper requirement like affidavit , residence proof etc . Is this marriage still legal ? 


YES, IT IS STILL LEGAL. BECAUSE HINDU MARRIAGE IS A SACRAMENT AND NOT A CONTRACT


3. If yes , but that girl dont want to stay with my friend but at the same time not coming forward for DV . Waht could be the way out now ?


WHAT ARE THE FACTS OF THE CASE. DON'T ASK ONE QUESTION WHICH INVOLVES LOT OF SPECULATIONS.


4. Is there any other way except legal DV for cancellation or annulment of this marriage ?


NO.


5. That gilr is having affair with another guy now and her parents are putting wrong allegations on my friend . Can there be any way where my friend can prove her adultery and take divorce ?


YES, HE CAN.


5. This arya samaj marriage is not registered with court or registrar . is it legal ?  


ARYA SAMAJ CERTIFICATE IS ENOUGH TO PROVE VALIDITY OF MARRIAGE


6. somebody told me that 2 years back SC has made mandatory to register the Arya samaj marriages and still if it is not registered till now .... is it legal or can it be cancelled on this basis ?


WHICH JUDGEMENT? SC EVEN ASKED ALL STATE GOVERNMENTS TO MAKE REGISTRATION OF MARRIAGES COMPULSORY, NOTHING HAPPENED TO THAT.


7. today rajasthan HC made arya samaj marriages illegal without consent of parents . Will this effect marriages done 6 months back also ? and will this ruling prevail over whole of india or only rajasthan ?


THIS WOULD PRETAIN TO RAJASTHAN ONLY. AND THIS ORDER WOULD BE PROSPECTIVE AND NOT RETROSPECTIVE IN NATURE. ALL MARRIAGES BEFORE THIS DATE WOULD BE VALID MARRIAGES.


REGARDS,


SHONEE KAPOOR

HARASSED.BY.498A@GMAIL.COM


JP (PM)     27 October 2011

NOw the present situation is that we are not talking to each other from 2 months and her guardians are totally against me and they are not ready to listen . she is having fun in her and running another affair now  and i am clueless about my future as i dont want to indulge in another affair like her and want to take divorce and settle down in life . They want to take divorce but they do not allow us to talk anything . i dont know what they are trying to do . In her first divorce they took 14 lac as almony .

My questions are :

1. How can i get a divorce and which is the fastest method to start with . I have discussed with few lawyers and all of them suggested me to stay quite for 3-4 months . all of them are also saying that they will demand money from me . 

2. On every part she betrayed me . she is having an extra marital affair . she use to abuse me . she dont want to stay with me and still do i need to pay her for all this ?

3. how can i prove her adultery ? will it prove to be fastest method to take DV ? 

4. How should i start this whole process of divorce ? We tried to talk to girl's family but they are not ready to listen .

5. how can i save me from paying alimony and maintenance ?


I will be really thankful for your suggestions for all these questions and guidance .


Best Regards,
 JP

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 October 2011

I have already answered these questions elsewhere either in mail or on another forum.

 

stick to one forum for better advise and non-repetition.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

100% valid. File a defamation case against her and tire her with lawyers.


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