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Aakash (Soft Eng.)     09 April 2014

Whats the solution?

I am 45 years old divorced man and I am interested in getting married to a divorcee lady but somehow her parents are not agreeing to our alliance, However we got married in a temple following all rituals of Hindu marriage though there was no one from her family in the ceremony.

When we contacted a local lawyer with all the records (Wedding card/Photographs etc) of our marriage, he told us that its not possible to register our marriage in Punjab & Haryana court because one blood relative from both side is required to be present as witness. 

My question is how to get our marriage registered in case no one from her family is ready to come forward and be the witness of our marriage. Also is it really a case when we are over 40 years of age our parents/blood relative should be present as witness. I can understand such requirement for teenagers but for people of our age when we have crossed 40 and still we have to look forward to complete such  a ridiculous requirement. 



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 2 Replies

Adv. Chandrasekhar (Advocate)     09 April 2014

Adv. Chandrasekhar (Advocate)     09 April 2014

What you need is not change of life partner but your lawyer.  He does not know anything about registered marriage.  As you said you are a divorcee and she is also a divorce with valid divorce decrees in your possession, what you have to do is simply go to the marriage officer's office (in some states it is Sub Divisional Magistrate and in some States the Additional District Judge is the competent marriage officer) and fill up an application for registration of marriage under "Special Marriage Act" and along with application file your passport photographs (both man and woman), date of birth certificate photo copies and residential proof photo copies and finally your residential proof photo copy.  At least one of you belong to that place where you are registering the marriage.  Along with that you have to file affidavit also (a prescribed one, which format will be given by the marriage office for you).  After submitting the application, they will give you a date, which is exactly a month after the submission date.  Then you can take any respectab 3 friends along with you on that date (THEY NEED NOT BE YOUR RELATIVES OR HER RELATIVES).  Your marriage will be registered and on that date or next day, you will get certificate in your hand.

If this procedure appears to be lengthy, then take three of your friends and along with the above said documents go to any Arya Samaj Mandir and pay their fee and they will perform marriage and register your marriage and issue certificate.  Your Arya Samaj Marriage is as valid as any other marriage as per Arya Samaj Marriage Validation Act, 1939.

Your or her relatives consent is not required under any type of marriage.

OR

As you have already married and you have the records, take all the records along with three of your respectable friends and submit application before the Marriage Officer under HINDU MARRIAGE ACT.  He will register your marriage under Section 8 of the Act and issue marriage certificate.  Relatives' consent is not reguired.  Generally, the marriage officer is Sub Divisional Magistrate.  Advocate's help is not required to get your marriage registered.

Wish you best of luck.

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