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marriage in a temple ..


Dear Concern...

Need to confirm Is Marriage done in a Temple (called gandhaar marriage) means which is not publicised ?

Whether  Law believes this type of marriage  Legal / valid marriage ..or not ?

If yes ,then whats the procedure to get separated after few days of this marriage ? and can Boy marry again easily ...or need to file Divorce case and how much time?


 

 
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Business

Well, I think, in Hindu Laws,,, marriage done at temple will be Legal & valid. 

Friends, Priest,Family members, present at the time of that marriage are the witnesses of the deed done, and photographs/videos taken at that time are also considered as proof of the same.

 

But when it comes to the Breaking part, you will definitly have to file a Divoce case.

 
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Business

Even though A Gandharva Marriage is a historic marriage tradition based on mutual attraction between a man and an woman, with no rituals, witnesses or family participation., In the late 1817, Gandharva  marriages were ruled as legal by the Bengal Saddar Court.

 
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Law Consultant

@Sonia,

 

Such marriage is no marriage in the eyes of law where no rituals were followed and where no witness was present and even no pandit was there.

 

Gandharva is  a form of marriage where there is no witness but it has no legal acceptance. How will a spouse prove such marriage? If within few days of such marriage, the spouse have not lived together even a single day, how can you prove it? If there could be a single witness who could go to court and say that the two spouses were staying like husband and wife for few days, that also would not make it a valid marriage as living together is not a marriage in the eyes of law.

 

//peace

/Saurabh..V

 
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Thanks Saurabh /Dipangkar

But if , the Girl(spouse) proves her marriage - by submitting the pictures of their marriage (at temple) as an evidence ,at Court  ( maybe for eg. for any maintenaince reason in near future or so..)

...then in such case whether ,this marriage becomes Valid in the eyes of Law ..??

 
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ADVOCATE

aakhir baat kya he tell me clearly.

 
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Business

 

In ancient Hindu law, 8 forms of marriege prevailed, of which only 3 were valid before 1955. These were Bharma, Gandharva, and Asura.

In modern Hindu Laws, those 8 forms of marriege were divided into 2 classes. Approved marriage & Unapproaved marriege.

Approved marriage = Brahma, Daiva & Prajapatya

Unapproved marrige = Ashura, Gandharva, rakshasha & Paisacha.

The Hindu Marriage Act 1955, doesn't specifically provide for any form of marriage. The Act calls marriage solemnized under the Act as hindu marriage which may be performed in accordance with the shastric rites and ceremonies or in accordance with the customary ceremonies prevalent in the community to which the bride or Bridegroom belongs. However, this DOESN'T mean that a marriage cannot now take place in any one of the aforesaid three forms (Brahma, Gandharva, Asura). marriage can still be entered into any one of the 3 forms by performing necessary ceremonies and rites required by the Act, through distinction between Approved Marriege & Unapproved Marriege is, no longer Tenable, and all marrieges performed after the commerencement of the Act are in only Approved form.

The Gandharva marriege form is fast becoming popular among the younger generation.

It's also a settled Law that in the Gandharva form, the ceremony of  KANYADANAM is NOT Essential.

In your case Sonia, you said that she have pictures of the marriege to submit as evidence. If those pictures  are Not Photoshopped then, The court will definitly accept this marriege as valid, unless the contrary can be proved by the party asserting so.

Section 114, Evidence Act lays down that where independent evidence of solomnizing of marriege is not available, it will be presumed to be a valid marriege by continuous cohabitation between the parties unless contrary is provided.  If a community of neighbours treat a couple as husband and Wife, they are thus reputed to be married, the burden of Proof that they were NOT properly married lies on the party asserting so.

It is the Policy of the law to lean in Favour of Validity of Marriege, once it is proved that it has existed.

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Dear Sonia,

If u perform Gandharva marriage and you have snaps with you then it is a legal marriage but there are various loopholes and it can be easily proved that this marriage is not performed legally. So first of all come with complete record and the result what you want only then anyone will be able to guide you properly.

Regards

 

 
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Law Consultant

@Sonia,

 

As you yourself stated that the spouses did not live together at all and the marriage lasted only for few days, such cases has to be regarded as "No marriage" because if the court agrees that marriage has happened, then it will bring disbalance in the soceity. Any girl can marry like this, and then not even stay with the boy and claim maintenance.

 

In my view, legalizing such marriage which was not kept alive for even one month and the spouses did not live together and did not consummate the marriage, would wreck havoc on the society.

 

Though as rightly mentioned by other members, once a marriage is done and there are proofs to show that it was complete in al ritualistic respects, then it would be considered a valid marriage. However other lingering issues which are very heavy would ultimately discard a case of maintenance by the girl.

 

Also even if you have proof of putting the var-mala, yet there could be loopholes of non-performace of every ceremony.

 

//peace

/Saurabh..V

 
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Business

Originally posted by : Dipangkar
" The Act calls marriage solemnized under the Act as hindu marriage which may be performed in accordance with the shastric rites and ceremonies or in accordance with the customary ceremonies prevalent in the community to which the bride or Bridegroom belongs.
"


@ Sonia, So, to which  community does the bride or the bridegroom belongs ? Decision of the court may vary due to this status.....


Total likes : 1 times

 
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