Hi I am Christian and my girlfriend is Hindu we are planning to marry in Christian style, with a proper marriage certificate which states you are getting married under Act ______ and under law, this is church certificate with licenced. Now I have one question if parents take action that you have married and they go to police to complain or any other legal Action. Is this church certificate will save us, we both are agreeing to marry in Christian style and we want to stay together, we have also made affidavit from court stating that I have on my own with my heart has accepted Christianity and it was my will and no one forced me. Please advise on this thanks a lot.
Asked in Family Law from Pune, Maharashtra
1) it s better you get married under special marriage act wherein both parties maintain their separate identity
2) your fiancee need not convert to Christianity
3) if your fiancee is willing to convert you can get married in church
4) if both are adults they can marry inspite of parents opposition
5) your abs yiour fiancee affidavits that bothmarried as per own free will will help in case any false complaint is filed by the patents
Do note that no criminal action is possible of two adult persons marry each other with respective consent.
So thereat of parents is without any basis.
If parents to resort to illegal tactics of criminal acts then you can seek police protection and even approach high court in writ jurisdiction.
If one is Christian and the other is Hindu, then you cannot register your marriage under Christian marriage act, it can be registered under Special marriages act.
If she converts herself into a Christian then this marriage can be solemnised and registered under Christian marriages act.
If she is a major by age, then her parents cannot take any legal action to stop this marriage nor they have any reason to file a criminal complaint.
1. For marrying as per Christian Marriage Act, both of you shall have to be Christian for which she shall have to embrace Christianity,
2. In case both of you marry as per christian Marriage Act both being Christian then the registered marriage certificate will save you and prove that you two are legally married couple,
3. In case she does not embrace Christianity, even then you both can legally marry as per special Marriage Act and stay together as husband and wife.
You can marry in the church but your marriage can have legal sanctity only under the Special Marriage Act. Your affidavit has no legal force unless you embrace Hinduism or she embraces Christianity. Be that as it may, if a complaint for abduction is filed against you then the statement of your girlfriend will seal your fate. Engage a lawyer beforehand so that you may be able to apply for bail in the event that the FIR gets lodged against you.
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. In your case church marriage is not a valid marriage. Better you have to register your 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. The inter –religious or inter – communal marriages are possible in India only under the Special Marriage Act, 1954. Under the Act a marriage has to be in a civil marriage form, though parties are free to perform any other additional ritual or religious ceremonies if they want to.
After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage.