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(Guest)

Register marriage advice

 

I am from a city in tamilnadu. Now in a student in an University in Canada and I will settle down in Canada. I am 23. My girl friend is 26.too much pressure on her side to marry someone. i will be coming to india for one month during july and we have decided to marry at the time in mumbai(she lives in mumbai).I have decided to say my parents once i complete the studies and get a job(that is 1.5 yrs from now) so that they will feel im kinda responsible.I will let her parents know immediately after doing a register marriage so that there will be less opposition from her side.There will no oppositon from my side other than little disappointment from my side.

1. What are those steps needed to be done,so that i can go straight ahead and marry her in july?

2. Is there a possibilty that both of our parents could became aware of it through some post or someone will come to verify address or something like that?

3.What can be done if her parents go crazy ?

I will be taking her to canada once these process and visa gets done..

Give me some advice on this. and i will be glad to give any more information if needed.

Thank you.



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 5 Replies

Anjuru Chandra Sekhar (Advocate )     09 May 2012

Special Marriage Act

Both parties are required to be present after submission of documents for issuance of public notice inviting objections. One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to both parties as per address given by them. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the SDM. Both parties alongwith three witnesses are required to be present on the date of registration."

 

6. The criterion for 'solemnization of marriage under Special marriage Act' revealed is follows:

 

For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the SDM. Any person may within 30 days of issue of notice, file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt. If the SDM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the SDM solemnises the marriage after 30 days of the notice. Both parties alongwith 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses atleast one day in advance.

Anjuru Chandra Sekhar (Advocate )     09 May 2012

Advisable, not to give the residence address of your parents (both the parents of girl and boy) and give some other address and it is necessary that the applicant have been staying in that address for more than 30 days.

 

Read Section 5 of Special marriage act:

 

5. Notice of intended marriage

When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.


(Guest)

as im not gonna stay in india.. what address can i give? as they need my identity proof(passport,voter ID,driving license), there will the address of parents..

 

is there any other way for the marriage to be done? i cannot be present while issuing of notice.. 

Anjuru Chandra Sekhar (Advocate )     10 May 2012

YOu can give a different address (say, that of your friend) and claim that as you have disputes with your parents, you have been staying separately from them.   There is a HC judgement stating that the notices should not be sent to the addresses of parents of bride and bridegroom. 

 

However your presence is necessary while issuing notice. 

Ghanshyam Thakkar (manager (Development))     16 May 2012

 

Dear sir, Thanks a lot for your prompt response. As you have rightly mentioned,I am putting up the matter in required way.The first is related to sending my invitation to her to support  tourist visa aplication and seek your guidance as under. Prior I mention further details, I would like to clarify that, very recently she had visited India in the month of March and had stayed at GOA for 12 days. This time has provided us to conclude our decision of acceptance and marriage. Now, regards to invitation, following are the points. (1) We are internet friends since Nov. 2011, so, will it be legal for me to give her invitation letter? (2) She will stay with us in our family. Here in this case, have I to provide my property details? and income proof? (3) She is to bear all he rexpenses for this tour. Will it be acceptable? If required, I am also to support her financially if so required. So, can we make a mention like this inthe invitation letter? (4) As we are planning for August to visit India, only 2 months are left and in that case, whether my invitation letter be accepted on the ground of minimum time limit? Other questions I shall be mentioning in seperate thread. I would request for your early response as we are running short of time due to un wareness. Thnking you sir,

yours sincerely.

G. J. Thakkar.


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