• Hindu marriage

Dear sir/Mam
 
I am a hindu girl from uttar Pradesh.I am working in a PSU under ministry of defence . I want to marry a Hindu boy who is from j&k.we are of same caste.he is working with me. Is there any legal issue as the boy is from j&k? 

Regards,
Divya
Asked 10 months ago in Family Law from Ghaziabad, Uttar Pradesh
Religion: Hindu

1) )Section 2 of the Hindu Marriage Act extends the operation of the Act to the whole
of India except Jammu and Kashmir 

2)  Bombay high court  held that Hindu women whose marriage is solemnised in Jammu & Kashmir under provisions of jammu and kashimir act 1980 are free to file for divorce before a family court in any other state under the provisions of the Hindu Marriage Act.

3) in aforesaid case it was argued that since the marriage was performed in J&K under the law prevalent in the state, any divorce petition could only be filed in courts in Jammu and not in other states.

4) HC held that here is no bar under the the J&K Hindu Marriage Act against filing under the Central law and there is no provision under the Hindu Marriage Act that says if a marriage is solemnised in an area outside its purview, a divorce petition would be barred under it. "Both options co-exist," 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. Since both are major in age and moreover both belong to Hindu religion and if both are willing to get united through marriage, no force on earth can prevent the couple from getting married.
2.Legally also it will be a valid marriage.
3.J & K is an integral part of India and your present citizenship holds good even after your marriage with the person you have chosen.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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No there is none. You will retain your Indian citizenship even after your marriage with him. Citizens of India who are resident outside Kashmir do not get the dual citizenship of Kashmir on their marriage with a citizen of Kashmir. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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 A female from outside the State shall became a permanent resident on marrying a male permanent resident of the State 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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You can marry any person. The Article 370 has been a huge barrier between the people of Jammu & Kashmir and India.People living in Jammu & Kashmir have dual citizenship, i.e. of J & K and of India.The government if India cannot enforce any law in Jammu & Kashmir, without the concurrence of the State Government.The citizens of Jammu & Kashmir can be the citizens of India, but not vice-versa.

You have not obtain the citizenship of JK after the marriage .You will retain your Indian citizenship.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1. J & K is part of India and you can marry your fiancee coming from J & K with out any problem,

2. Get the marriage registered at your place in addition to your social marriage,

3. There will be no legal issue in marrying him.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. J & K is not a separate country. It is part of India,

2. Citizenship is given by Country not a state,

3. So, there is no citizenship issue for marrying a J & K boy by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. If you had married any body from any other country, the question of getting citizenship of that country would have arisen,

2. Since you are marrying a person residing in India, you continue to have citizenship of India.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
 
I am a hindu girl from uttar Pradesh.I am working in a PSU under ministry of defence . I want to marry a Hindu boy who is from j&k.we are of same caste.he is working with me. Is there any legal issue as the boy is from j&k? 

If there is no problem with parents of both sides, there can be no problem form any other source. What is wrong in marrying the person hailing from J&K.  Legally you are not barred from marrying any person of your choice, be it your own caste/religion your own countryman
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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Will I get the citizenship of j&k after marriage.
What do you mean by asking this query?
J & K is in India, it is not a foreign country, so where is the question of obtaining citizenship in own country?
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Will I get the citizenship of j&k after marriage.

Will I get the citizenship of j&k after marriage.
What do you mean by asking this query?
J & K is in India, it is not a foreign country, so where is the question of obtaining citizenship in own country?
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) you can be a permanent resident if you are marrying a citizen of Jammu and kashmir .


2)Women not originally belonging to a State/UT, but married to men who are permanent residents of the State/UT are eligible to apply for Domicile Certificate.minimum 15 years of state residence proof is required.

3) as permanent resident you can apply for jobs in jammu and kasmir 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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1. Special provisions for J&K  have been made in various aspects after independence to ensure that a separate identity for the J&K domiciled people can be maintained,

2. It does not mean that J&K is a separate country for which you need to take citizenship,

3. You shall have to stay at J&K for the required period for getting Govt. job there if your husband is a domicile of J&K.  
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Jammu and Kashmeer is not  a separate country.Certain special rights have been granted to the permanent residents of J&K with regard to employment under the state, acquisition of immovable property in the state, settlement in the state, and scholarship and other forms of aid as the state government may provide.

 if your husband is a domicile then you can also get the previlage after the prescribe period. Constitution of India grants special status to Jammu and Kashmir among Indian states, and it is the only state in India to have a separate constitution. Article 370 of the Constitution of India states that Parliament of India and the Union Government jurisdiction extends over limited matters with respect to State of Jammu & Kashmir, and in all other matters not specifically vested in Federal governments, actions have to be supported by state legislature
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Question of citizenship arises because as per my knowledge no one outsider of j&k can apply for job there.suppose after marriage if I want to apply for j&k state jobs , am I eligible for that?sorry if my question is not up to the mark.
You have been misinformed about the status of the J&K state. 
It is a state of sovereign India and the subjects of that state are also citizens of India.  Though that state enjoys a special status and as per that the locals will get preference for employment and other privileges over others of other states. This does not means that you will be denied with the privileges you are entitled to.  There is nothing to be concerned to this extent in this regard. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
 On account of Article 370, Indian citizens cannot get jobs in the state of Jammu and Kashmir. All the jobs in the state are reserved for the citizens of the state.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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