• Validity of marriage of NRI girls staying in family house in Chandigarh to Indian boy from Jalandhar

NRI girl travels to Chandighar and marries an Indian boy from Jalandhar after one week. Marriage Solomanised but court marriage still pending after 40 days. What is the status of the marriage so far?. Marriage can be considered as a marriage of convenience as the boy is 37years and NRI Girl is 44years.
Asked 4 years ago in Family Law
Religion: Hindu

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8 Answers

The marriage was solemnnised in India. However registration hasn't taken place. But that doesn't matter. The marriage is a valid marriage. Registration is simply notifying the government that the marriage be entered in government records which may be used while issuance of visa/passport.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Both are legally married as it was solemnised as per customary Vedic rites and rituals 

Ajay Sethi
Advocate, Mumbai
99867 Answers
8149 Consultations

If the marriage is solemnize it will be considered as a legal marriage. But it will be compulsory to get the same registered to be legally validated. 

Prashant Nayak
Advocate, Mumbai
34581 Answers
249 Consultations

Marriage is valid and legal. The difference between wife and husband is not important as long as both are adults. Registration  can be done anytime after marriage.


You are right sir. 

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

As far as the marriage is concerned if it was solemnized as per the religious customs and rites then it is held as legally valid even though it was not registered before the concerned marriage registrar.

If both are adult and eligible for marriage by age then there is no legal infirmity in this marriage.

If she is not a foreign citizen, then there is no necessity to register their marriage under special marriage act

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

- If the said marriage was solemnized as per Hindu custom or by a religious custom , then legally that girl become the legally wedded wife of the boy, as marriage registration is not mandatory but compulsory .

- Further, if they want then they can apply for registered the marriage under the Special marriage Act at the place where the boy is residing . 

- However for registration 30 days stay of that girl required legally. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

1. Has the marriage been solemnised by following the customs and rituals as per Hindu Tradition/Religion?

 

2. If yes, then it is a marriage and the it can be considered as Marriage of Convenience  for want of valid ground in favour of the said allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

Dear Client,

The marriage, since solemnized, is absolutely valid in the eyes of law.

Thank you.

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

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