• Marriage registration in Delhi for inter-religion marriage

Hi,

We got married in 2008 in Arya Samaj Mandir. While converting they suggested to change my wife's name and in order to get things completed quickly we picked a name suggested by them however she continued to use her original name. Now we have all the documents with her maiden name and even our passports were updated accordingly. Also, our child's birth certificate has our maiden names on it. I was recently given an opportunity to work overseas(UAE) and in order to sponsor my family, I had to submit my marriage registration certificate. This is where I'm stuck and need advice. We cannot register our marriage with the arya samaj certificate as it has a different name for her, I cant change all her documents as we both prefer to keep our original names. What can be done in this situation? If there's a way around wherein we can get our marriage registered with the same names? Also, if we do a court marriage now, would our documents which were issued much before be considered valid? 

Please suggest.
Asked 6 years ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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10 Answers

Registration of marriage is a mode of proof of marriage. A marriage which has already been solemnised can be registered under the Special Marriage Act, 1954.

Arya Samaj Mandir is a organization which is specialized to Arya samaj marriages, court marriages and Love marriages in properly legal way. samaj marriages takes hardly 2-3 hours to solemnize the marriage. Arya Samaj Marriage as such a valid marriage as per Arya Samaj Marriage Validation Act, 1937. It is advisable to register the marriage under special marriage act.

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. Under the Special Marriage Act, 1954 any ‘two persons’ can perform a 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
4073 Answers
111 Consultations

5.0 on 5.0

1.You did a mistake by adopting a new name in the arya samaj marriage certificate.

2.In any event since arya samaj marriage is considered to be a hindu marriage you can register your marriage now under Hindu marriage act.

3.In the marriage certificate you can use her maiden name.

4.This would solve your problem for getting visa as well.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

You can register your marriage with registrar of marriage under provisions of Hindu marriage act if your wife has converted into Hindu ism

2) in the alternative get married under provisions of special marriage act and register your marriage

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

You register marriage under HMA change your name by notification in official gazette and 2 local newspapers

2) passport reflects wife maiden name

3) child birth certificate reflects the name reflected in Aryan marriage certificate

4) if you register marriage under SMA the documents issued earlier would not be declared illegal

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

According to direction of the Supreme Court of India, it has been directed to all the States in India to make registration of any marriage preformed in any State of India compulsory to the extent that incase such marriage is not registered it will not be considered legal or valid after coming of such amendment in the various matrimonial laws enacted by all the religions including this Hindu Marriage Act,1955.

I cant change all her documents as we both prefer to keep our original names. What can be done in this situation?

For the registration purpose you need not change the name ,the application for registration will file in original name.The necessary requirement is that the persons intending to marry inform the marriage officer of the district in which at least one of them lives. The marriage officer then posts the information on a public notice board and keeps it up for 30 days. During those 30 days, any person can object to the marriage on grounds such as the intended bride is under age or that she is too closely related to the bridegroom or that she has been married before. If no valid objections are received, the couple signs a declaration in the marriage office in the presence of three witnesses. The marriage officer then issues a certificate of marriage to the couple as proof of the marriage.

if we do a court marriage now, would our documents which were issued much before be considered valid?

The documents issued earlier are not illegal .But the name reflect in documents are different so you have do necessary actions for both are same persons. or change the names .like wise In the case of child birth certificate the name reflects as per birth certificate application before the authority issued the same.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Registration under Special marriage Act is no mrpepossible.You will have to register marriage under Hindu Marriage Act only.

In the marriage registration form you can mention her maiden name only .

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

1. If she has retained her original name then the solution is simple-You should register your marriage under HMA.

2. Alternatively, you can marry under Special Marriage Act in the office of marriage registrar which would take around 30 days to complete the process. However, if you have registered your marriage once under SMA then it cannot be re-registered under the same act.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. you can change your name at this stage by filing a declaratory suit and publication of a public notice that your name have been changed.

2. thereafter you can get changes in all the documents on the basis of decree passed in declaratory suit.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You cannot register your marriage twice

You can alternately prepare an affidavit stating that both the names belong to same person.

This will help you tide over the issue

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

The registration of same marriage second time under different law is invalid.

You may better obtain an affidavit to affirm that she is known by the names

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

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