Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anita (Software)     23 September 2011

Special marriage act--procedure

Dear Members,

I had married a person against the wish of my family 6 yrs back through a  non governmental organisation which conducts marriage under Special Marriage Act.After  6yrs im with no child and i have to sustain family life working,staying away from my husband.My husband went back to his family and doesnt bother to take me there neither calls me to stay with him ,nor thinks of any furture plan.I earn a good salary and he doesnt want to miss that security.we used to have regular fight and the situtaion went out of control and i had files divorce suit.He is not willing to give divorce and willing to  give if i pay him an amount which is big.

Later on i came to know that my marriage that was conducted with the organisation has to be duly registered in the marriage registrar office within 3 months of marriage.If this is the case,will my marriage be considered  as null and void in court of law.we are hindu and the marriage was not solemnised in Temple too.Kindly advice plz.....



Learning

 12 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 September 2011

Even between two Hindus marriage can be solemnized in court and under Special Marriage Act, it is not null and void.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Anita (Software)     23 September 2011

Thanks for your response.

My marriage was not solemnised in court nor in temple.It was in the organisation which was done by exchanging flowers and signing on few papers.

As written and enquired from few people that these marriages needs to be registered in court within 3 months but it was not done so.Moreover Under Special Marriage Act there is something called prohibited relationship.He is my  Mothers, Sister son. Can all these factors add reason to make it null and void.

Coz he is asking money and i dont want to do so.So if there is provision for making marriage null and void,i can move ahead with my life.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 September 2011

Which state, unless it is Tamilnadu, it is void marriage.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Adv. Chandrasekhar (Advocate)     23 September 2011

Anitaji,

To answer very definitely to your question that whether your marriage is null and void or not, it is important to see those papers, which you signed at the time of so-called marriage in the premises of NGO.

On the face of it, the marriage appears to be null and void for the following reasons:

1.  The marriage has not been solemnized as per Hindu customs and rites as only garlands were exchanged and there was no saptapadi around the holy flame and seeing the "Arundhati" star.  These are, as described in some judgments, are two most important ingredients for declaring that the marriage was solemnized as per Hindu rites and customs.

2.  The marriage has not been registered either under Special Marriage Act or Hindu Marriage Act.  I am quite sure about this.  The reason behind this is that either under special marriage Act or HMA, the bride and bridegroom's presence before the marriage registrar (marriage officer) is mandatory.  As you did not present before any marriage registrar / marriage officer, your marriage has not been registered.

*here I mention that as per HMA, registration of marriage is not compulsory to make marriage valid.  But your marriage is null and void for the reason I explained in para 1 above, in addition to the following most important reason.

YOU AND YOUR HUSBAND BELONG TO PROHIBITED RELATIONSHIP UNDER HINDU MARRIAGE ACT AS WELL AS UNDER SPECIAL MARRIAGE ACT.  There is only one exception to this is that if in your families such custom exists a marriage can be solemnized with mother's sister's son, then it is valid marriage.  You both are cousin brother and sisters.  Even in Tamil Nadu, Andhra and Karnataka, as far as I know such relationship does not exist between the couples in Hindus.  So, I safely derive that this relationship is prohibited relationship and it is null and void.

Now, what can be done, if the marriage is null and void:

1.  If the facts are as I said above, then withdraw the divorce petition with a liberty to file an appropriate applicatin under appropriate provision of law for declaration of marriage null and void, if advised so.

2.  You can self declare that the marriage is null and void and also issue a legal notice to such an extent to your so-called husband and can go to do whatever you like ( I mean that you can go for another marriage.  But your husband will not sit idle and file a case against you for bigamy and againnst your new husband for adultery.  Do not worry.  There you have to prove that your first marriage is null and void for the reasons stated above).

3.  If you want to avoid the ill consequences as narrated in para 2 above, you can file petition for declaration of your marriage as null and void.  Once you prove your facts, you will get such decree and from there on you will be free.

Wish you best of luck. 

  

rv (snist)     30 September 2011

 

sir/madam,

              i have a friend who is hindu and wants to marry a muslim man.they both work abroad.but indians by nationality.they want to get married in india.they cant spend more than a week in india due to their work constraints.what is the feasible way for them to get married legally ?

1.how much time would it take for a special marriage 1954 act?

2.can they convert their marriage into a special marriage later...?

please do reply.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 October 2011

If they marry in India, an application in advance can be presented to the registrar of marriages and they can come on prescribed date and solemnize the marriage under Special Marriage Act.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

aaa (job)     05 October 2011

dear sir,

i hav a frd who is hindu and want to marry a muslim girl, they both r ready & they dont want to change there orignal relegion  but want to get marry and  there families are against them ,can pls suggest in which marriage act there marriage comes in and what situtaion they hav  to handle if any issue creates regarding there marriage & what action they should take ??????????/Please tell with act and in detailed

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 October 2011

Special Marriage Act

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

aaa (job)     07 October 2011

thank u sir & can u pls tell me whethere it is compalsary for any one of then to change there caste for the registration marriage act or not...? 

Dharmesh Manjeshwar (Advocate/Lawyer)     07 October 2011

aaa ...... change of religion is not a pre-requisite for getting married under the Special Marriage Act ...... both of them can retain their original religion ......

aaa (job)     07 October 2011

sir how many days or month special marriage act take for a marriage ? & is there any amount gov giv if a muslim girl marry a hindu boy as i had heard of this in new paper

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 October 2011

One Month Notice.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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