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Rajeev Kumar (Professioanl Social worker)     28 January 2010

whether judgement of Delhi H C is applicable in Jharkhand

Dear All,

Last year Delhi High court had given a landmark judgement that it is not required to send prior notice to parents / and given address of couple who want to solemize their marriage under special marriage act.

Delhi high court directed marriage officer that not to send notice to the parents of boy and girls as it will  hamper their marriage.

my friend want to solemize his marriage under Special marriage act. he fears that if notice was sent to his parents, they will create interference and problem in marriage.

here my question is that whether judgement of Delhi high court is applicable in Jharkhand?

whether marriage officer in Jharkhand will adhere with judgement of Delhi high court? whether law permit it.

it not , then what is the remedy?

please reply

regards

Rajeev



Learning

 9 Replies

N.K.Assumi (Advocate)     28 January 2010

Dear Rajeev,  I have not seen the Delhi High court judgment on the issue, but if two adults of marriagable aged wants to marry which is strongly objected by their parents, logically what is the used of sending the notice to those objectors simply to object and hamper the marriage. As per section 8 of the SMA the marriage Officer may or may not entertain the objection and even against the objection the marriage can be solemnized by the Marriage Officer on his  satisfaction. 

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     28 January 2010

mr prabhakar is absolutely right. can you not change your address? 'if notice was sent to his parents, they will create interference and problem in marriage'. -this is the actual problem. so far i know notice send to the name of the person, who is would be bride and groom, not to their parents. if parents no more, then what to do. please get it checked - most probably notice send to the partie's name, not to it's parents. register may send the notice by registered post also to the perticular person.

avoid sending notice is not a good sign. one can personate another person and one fine morning he/she came to know that he is husband or wife of someone. to avoid such problems notice should be given.

however delhi highcourt's order is in different context, to avoid the unnecessary poblems and allow a law full work to be done. therefore it is wellcome. but in general, notice should not be avoided.

subhash kumar (advocate)     29 January 2010

yes

Binod Kumar Mishra (Government Service)     29 January 2010

Dear Rajeev,

 

i am a tiny learner of law and have don't courage to speak or give my objection to opinions. but what i would like to say that all the high courts in India is the branch of Supreme Court of India. the judgement passed by any high court is usually get noticed and enjoyed by all the court, but yes the courts with same parameters (high court of one state and high court of another state) give notice to it.

 

i have not seen the judgement in question but if the same has been passed by a high court irrespecitve of its state, High court will give weigtage to this.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     29 January 2010

whether judgement of Delhi H C is applicable in Jharkhand - it is not compulsion to accept the judgement of one high court by other. but it strengthen the urgument.

Rajeev Kumar (Professioanl Social worker)     04 February 2010

Thanks all for  replying my query

I am attaching the copy of judgement of HC delhi

here one more my query. If one want to seek the stay over non-presence of parents on marriage under special marriage act.

whether need to write simple applicaction attaching the copy of HC judgement to  chief justice of HC Jharkhand? or what other procedure?

please reply me

Thanks

Rajeev Kumar (Professioanl Social worker)     04 February 2010

Thanks all for  replying my query

I am attaching the copy of judgement of HC delhi

here one more my query. If one want to seek the stay over non-presence of parents on marriage under special marriage act.

whether need to write simple applicaction attaching the copy of HC judgement to  chief justice of HC Jharkhand? or what other procedure?

please reply me

Thanks


Attached File : 8 8 srb08042009cw7482009.pdf downloaded: 218 times

avi (Data entry operator)     11 December 2010

first of all thanks sir

Rajeev Kumar   i also wanted to know the same u wanted....

 

i still need some advice kindly help me sir,

my mail id avi.9835140220@gmail.com

if possible kindly mail me ur id so that i can contact you!!!!!!!!!!!!!

 

wish u best of luck !!!
 


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