Don't worry. Buddhists are considered to be Hindus only.
Therefore your parents can register the marriage under Hindu Marriage Act on this date showing ritualistic marriage when it actually occurred .
This should solve your problem.
Marriage registration date
Hi, My questions is regarding marriage date and marriage registration date. My mother and my step father got married in 1996 with Buddhist ritual and never registered their marriage until 2016 for a leasing purpose. I am in USA and filed paper for my parent to bring them here and I just learned that I cannot file for my step father who has been a big part of my life because at the time of their registration 2016 I was over 18. It got denied asking additional document. Now what can I do to proof that the 1996 marriage date listed on the registration is true and ritual marriages were accepted. Is there anything I can do?
Asked 5 years ago in Family Law
Religion: Buddhist
9 Answers
Non registration does not affect validity of marriage
1996 marriage solemnised as per rituals would be valid
File a suit for declaration to the effect that the a marriage as per Buddhist ritual is valid as on the date required by you. Suit has to be filed in Family Court, it will take about 3 months to obtain such decree and the same is valid for visa being a decree from competent court of India and accepted in U.S.
My mother and step father already has a marriage registration from 2016, is it still possible/legal to get a Hindu marriage act certificate to proof their ritual marriage of 1996 on top of that? Is that legal?
Asked 5 years ago
You can’t register your marriage twice
marriage has already been registered in 2016
Dear Sir/ Madam
You can file a declaration suit to effect the marriage and the same has to be done in the family court. It approximately takes 3 months to get the decree and the same is valid in the United States. You don't have to register the marriage again as it was already registered in 2016.
If you have not been adopted by your step father as an adoptive parent, then you are not his child legally.
Step father or step child do not have any rights with each other hence because of the mistake of your step father not taking any steps to get you adopted as his adopted son, you remained as his step son alone, it means you do not have any rights over him or he over you at least legally.
The registration of marriage is not criteria for adoption of a child.
If your step father or your mother did not any steps to adopt you as the adoptive child of your step child at that time when you were still a minor child, then nothing can be done now because there is no provision in law for an adoption of an adult.
Registering the marriage with the registrar of marriages is just a legal formality, however the solemnisation of marriage is the evidence for legally valid marriage, hence the marriage will be recognised from the date of marriage only and not from the date of its registration.
In fact the marriage registration itself is done on the basis of the solemnisation of the marriage.
The question is not about the marriage registration but it should be about the adoption of child by the step father.
This was not done by him during the period when you were still a minor.
Hence you may not be able to convince the authorities about the relationship between you and your step father when the law says otherwise.
Dear Querist
registration of marriage is different from the solemnization of marriage, in the registration of marriage, it should be mentioned that the marriage was solemnized on such date. if there is no date regarding the solemnization of marriage then file an application before the registrar of marriage and get corrected marriage registration certificate.
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- They can proceed for getting registration after producing proof of marriage in 1996.
- Otherwise , they will have to file a Declaration suit before the court .
