• Marriage registration

Respected Sir,
I have already asked a question regarding marrying without parents consent. I'm a Christian and the girl is Hindu. The father of the girl is opposing strongly with dire consequences if we marry.

1. If I take the girl to registrar office tomorrow, what will be the procedure? 

2. If we apply for marriage under special marriage act (I saw the procedure as waiting period for a month) is it legal to be together during these waiting period? 

3. If the girl passes on affidavit to the local police station stating that she is marrying on her own will and if her father goes to police what will the police do?

4. Can we marry at any church and get a certificate instead and do the registration later. Is it legal?

5. Will the police take action against us if we marry?
Asked 7 years ago in Family Law
Religion: Christian

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7 Answers

1. Both of will sign an application for registration of marriage under Special Marriage Act. After one month the registration would be complete.

2.Once can stay with another even without marriage. So this question ahs no meaning.

3. The application for registration of marriage is itself a proof of her free will.So there is no need to give separate affidavit to Police.

4. Since The girl is not a Christian you can marry her in Church without converting her religion which is a long process.

5.No, not at all.

Go hard if the girl is willing.If you get scared so much then it is unlikely that you will withstand her family pressure.

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

No.only after one month from the date of application you will be considered as married. Before that you will not be considered to be married with each other.

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

30 days notice of intended marriage has to be given then only marriage an be solemnised under provisions of special marriage act

2) you can stay with your girl friend if you so desire

3) police would record girl statement in case her father lodges false case against you

4) you cannot marry in church as it is not possible for Hindu and Christian to marry in church

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place.

The Special Marriage Act, 1954 provides for a civil marriage of two Indians, without the necessity of renouncing their respective religion. The Act provide for civil marriage that would enable individuals to get married outside of their respective community mandates, many community based laws did not provide for inter – community or inter – caste marriages.Generally it is required to file a notice of intended marriage with a Marriage Registrar .That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

Procedure for registration.-

Parties who intend to get married under the Special marriage Act shall give a notice in writing in the specified form 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. Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

1. If I take the girl to registrar office tomorrow, what will be the procedure?

You can marry her elsewhere in the presence of some witnesses and can apply for registration of marriage under special marriage act before the marriage registrar.

The witnesses who were present for the marriage can be witnesses to the marriage registration process too.

The formalities to be observed i.e., the documents to be carried while getting the marriage registered can be enquired from the local registrar's office.

2. If we apply for marriage under special marriage act (I saw the procedure as waiting period for a month) is it legal to be together during these waiting period?

You may have to wait for 30 days period if you apply for registration of marriage before solemnisation of marriage. You need not stay together during this waiting period.

3. If the girl passes on affidavit to the local police station stating that she is marrying on her own will and if her father goes to police what will the police do?

The police cannot do anything on the complaint by her father if she gives a clear statement stating that she is major by age and she has full rights to choose her life partner.

4. Can we marry at any church and get a certificate instead and do the registration later. Is it legal?

Yes you can do that. Solemnization of marriage is very important for getting the marriage registered.

5. Will the police take action against us if we marry?

The police cannot interfere in your marriage if both are of marriageable age.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If we both sign the application for registration, does it mean we are married? I'm just concerned that the father should not take back the girl citing any legal issues once we sign the application.

If you both sign the register in which your marriage has been registered, then your marriage has been registered and you will get an extract for such marriage. Her father cannot do anything after this.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hi, You are confusing with different sources of information on inter-religion marriage. I suggest you to approach a family lawyer in this regard.

Thanks,

Adv.Niranjan,

Mobile - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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