Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Aashish Sharma (Lawyer)     04 August 2008

Registration of Marriage

"A" a hindu male wants to marry "B" a hindu female. But "B" parents did not agree to the proposal. Both "A" and "B" runs away from home and get their marrigae regsitered in Court without performace of any marriage cerrmony. In such eventuality is there marriage covered under Hindu Marriage Act or Special Marriage Act. 


Learning

 17 Replies

Guest (n/a)     04 August 2008

As per my views,for registration in the court, proof of marriage is required like marriage card or some witnesses without which marriage can't b registered. Hence, registration of marriage is prima facie proof of getting married.As both are Hindu, marriage will be covered under Hindu marriage act

Srinivas.B.S.S.T ( Advocate)     04 August 2008

With the absence of Sapta Padi and
other rituals, the marriage can not be treated as a marriage under
HMact. But as the marriage is registered it will be covered under
Special Marriage Act.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 August 2008

Mr.Aashish Sharma,


that marriage covers under special marriage act. But not Hindu Marriage act.

Mohit Attri (lawyer)     04 August 2008

it is a valid marriage under SPECIAL MARRIAGE ACT, 1956.

Prakash Yedhula (Lawyer)     04 August 2008

Download this useful manual on Hindu Marriages for reference


Attached File : 46 manual of hindu marriage.pdf downloaded: 256 times

podicheti.srinivas (advocate/legal consultant)     05 August 2008

thank you all for the information

Tribhuwan Pandey (Advocate)     06 August 2008

The marriage will be covered under Hindu Marriage Act becuase both the husband and wife are hindu.

S.B.adil rahman (Legal Consultant )     09 September 2008

Hindu marriage Act as both the parties are Hindu.

ashok kumar (advocate)     11 September 2008

Frind , if marriage is registered before competent authority , I'm sure couple filed in the court their affidavits f marri\ge. Without marrige no one can got registration. There are various customs .So they will be governed by H.M.Act


ASHOK KUMAR ADVOCATE 09415717501

ashok kumar (advocate)     11 September 2008

PLZ TELL  WHETHER THEY ARE MAJOR OR NOT

prof s c pratihar ( urologist &legal studies)     12 September 2008

prior notice-30 days get registered both adults -no hindu rituals-special marriage ACT.

aatma   12 September 2008

Friday, September 5, 2008


HC seeks details of "illegal" practice of registration



Madurai (PTI): The Madurai Bench of the Madras High Court has issued notice to the Tamil Nadu Government seeking details about the 'illegal' practice of registering marriage agreements between couples.



Justices D Murugesan and M Satyanarayanan, constituting a Division Bench, ordered notice to the Inspector General of Registration while passing interim orders on a habeas corpus petition seeking production of a couple who eloped, entered into a wedding agreement and also got it registered.



The Judges said there was no provision for registration of such agreements and sought details from the IG before September 26. The court also appointed advocate M Ajmal Khan as amicus curie.



The advocate said such registrations could be misused by criminals involved in women trafficking and s*xual exploitation. "How can the sub-registrars entertain such kind of agreements?" he asked.



There was no sanctity to such marriage agreements, it was not contemplated either under the Indian Christian Marriage Act or the Hindu Marriage Act, Khan said.



Even the Special Marriages Act, which provides a unique form of marriage for all Indian nationals irrespective of their religion, requires that the couple wishing to enter into wedlock issue a notice to the marriage officer who should display it in his office for 30 days.



The advocate said the couple who co-habitated on the basis of the marriage agreements should be punished under IPC 493 (cheating a woman by making her believe that she is legally married).



Courtersy:
https://www.hindu.com

ashok kumar (advocate)     13 September 2008

As per rules of Hindu Marrige Act Registrar in whose jurisdiction marriage took place, are vested with jurisdiction to entertain the application for registration of marriage. Proforma is given in the rules. so Mduraie bench ....................


Regards


Ashok Kumar Dwivedy Advocate


09415717501

giri nivarthi rao yadav (lawyer)     14 September 2008

Both the bride AND BRIDEGROOM ARE HINDUS,as such fall under HM Act.


Giri Nivarthi Rao Yadav


Advocate   


Hyderabad/India


09849268834/9885117714                                                                                                                                                                                                                                                                                                                                                                                                                                                                           


 


 


 


 


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