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RABINDRA THAKUR (DEALER )     24 December 2009

Special Marriage Act 1954

Dear Sir/ Madam,

I am a Hindu. I want to marry a Hindu Girl under Special Marriage Act 1954.

I want to know whether the solemnisation before the Marriage Officer is a valid marriage without any Hindu ritual



Learning

 8 Replies

Suchitra. S (Advocate)     24 December 2009


S.12. Place and form of solemnization.- (1) The marriage may be solemnized at the office of the Marriage Officer or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payments of such additional fees as may be prescribed.

2) The marriage may be solemnized in any form which the parties may choose to adopt:

Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnessess and in any language understood by the parties,- "I (A) take thee (B), to be my lawful wife (or husband)".

So, according to secion, there may be ritual as couple wish to have, or else, marriage may be solemnised in registrar office.

1 Like

N.K.Assumi (Advocate)     24 December 2009

Suchitra, can marriage be solemnized under the act by a judicial officer who is not a Marriage Officer under the act?

Suchitra. S (Advocate)     24 December 2009

Assumi Sir, the Act doesnt give any definitions of 'marrige officer'. And by the wordings of the Act, it is clear that marriage officer is not a 'judicial officer' . So, it is only a 'marrige officer' who can register the marriage under Special Marriage Act.

N.K.Assumi (Advocate)     24 December 2009

Thnk you Suchitra.

IKGoyal Advocate (Legal)     26 December 2009

act says it mention in offcial gazette , But i don't know i haven't seen it yet, """Marriage Officer (normally, Additional District Magistrate & Collector) of the Office of the District Magistrate & Collector is designated as the Marriage Officer."""

sunil pagare (lawyer)     27 December 2009

In my opinion this act made for Intercast Marriages, major male & female who belong to deffernt cast & religion or same cast & religion can  resitered their marrige under this act .It is the sweet choice of the parties in which rites they want to soleminze their marriage.as suhitra suggested.

aaa (job)     07 October 2011

hi,

can pls tell me its compalsary for the girl to convert her caste into husbands caste in the registarion marriage act 1954 ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 October 2011

No, it is not compulsory "aaa"

 

You asked the same query and got this reply only.

 

When the reply is simple YES and NO, what is the need of forum hunting

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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