Interreligious live-in-relationship
5 years ago
I'm a 19 year old Hindu boy. I want to live in relationship with my 22 year old Muslim girlfriend. Would I face any legal problem? Can we register our live-in-relationship? Can we marry in a mandir or masjid?
ARPIT BATRA
Responded 5 years ago
A.Special Marriage Act would help you a great deal.
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VIMAL K MISHRA
Responded 5 years ago
A.You can get married under the Special Marriage Act, when you are adults. Due to being a minor you may have difficulty in live-in relationship.
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Rajender Prasad
Responded 5 years ago
A.for marriage under Hind Marriage Act or Spl. Marriage Act you should at least be 21 years old and living in relation ship is not illegal. For details, pl. contact some advocate through vidhikarya.com
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Manjula Shanmugasundaram
Responded 5 years ago
A.Live in relationships are not illegal. But beware of organisations that act illegally regarding Love Jihad and that kind of things.
There is no provision to register a live in relationship.
If you continue to be a Hindu and she continues to be Muslim you can marry only under the Special Marriage Act. But, you need to wait for another 2 years for that because you need to be 21 (completed age).
To marry by performing Hindu Rites, both should be Hindu.
To Marry under the Muslim customs, both should be Muslim or atlease Kitabia.
There is no provision to register a live in relationship.
If you continue to be a Hindu and she continues to be Muslim you can marry only under the Special Marriage Act. But, you need to wait for another 2 years for that because you need to be 21 (completed age).
To marry by performing Hindu Rites, both should be Hindu.
To Marry under the Muslim customs, both should be Muslim or atlease Kitabia.
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A.Dear Friend,
Your dream of marriage will be fulfilled only when you attain marriageable age as defined below:
===========================================================
The Special Marriage Act, 1954
Section 4 (c) the male has completed the age of twenty-one years and the female the age of eighteen years; . Now living together is ok as per following SC judgment. No body can interfere.
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Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court
An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with.
The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year.
The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband.
In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father.
But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults.
"Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said.
The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005.
"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices.
"The courts cannot, as long as the choice remains, assume the role of parens patriae (a Latin term that literally translates to parent of the nation)," the judges said. In legalese, it is the doctrine that grants the state its power to protect people who are legally unable to act on their own behalf. Like minors.
It also cited the Hadiya verdict that concluded the court could not assume the "role of a super guardian" for adults.
Hadiya's marriage to a Muslim man, Shafin Jahan, was annulled by the Kerala High Court last year after her father alleged that she had been brainwashed and forced to convert. The father's version was cited by right wing groups to label it as "love jihad", a term used by them to accuse Muslim men of trapping and marrying Hindu women to recruit them for terror.
Your dream of marriage will be fulfilled only when you attain marriageable age as defined below:
===========================================================
The Special Marriage Act, 1954
Section 4 (c) the male has completed the age of twenty-one years and the female the age of eighteen years; . Now living together is ok as per following SC judgment. No body can interfere.
==========================================================
Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court
An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with.
The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year.
The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband.
In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father.
But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults.
"Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said.
The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005.
"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices.
"The courts cannot, as long as the choice remains, assume the role of parens patriae (a Latin term that literally translates to parent of the nation)," the judges said. In legalese, it is the doctrine that grants the state its power to protect people who are legally unable to act on their own behalf. Like minors.
It also cited the Hadiya verdict that concluded the court could not assume the "role of a super guardian" for adults.
Hadiya's marriage to a Muslim man, Shafin Jahan, was annulled by the Kerala High Court last year after her father alleged that she had been brainwashed and forced to convert. The father's version was cited by right wing groups to label it as "love jihad", a term used by them to accuse Muslim men of trapping and marrying Hindu women to recruit them for terror.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client there is no excuses under law.you should be major for performing marriage. there is legal age for marriage for boy and girl that is above 21 years for male and above 18 years for female.you can not marry. There would be legal problem and you might be face trials.think about it.
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Vishwabandhu
Responded 5 years ago
A.Dear Client My brother lawyer Abhimanyu Shandilya has given u correct advice. Follow it. Also note that at present as u r less than 21so u can not marry under Special Marriage Act , so if u continue your Live in relation ship without marriage it will create problem. Now a days problem of Love Jehad is going on so Muslim comminity will come forward and your life will be in much trouble, so wait till u attain 21 Age and then marry and also seek Police Protection after marriage.
As of now there is no mechanism in law to register the live-in relationship hence you cannot. Also if you want to marry under Special Marriage Act then you must be 21 years old or else you cannot. So, you have to wait till you become 21.
There will not be any problem if you marry her as law does not bar inter religious marriages and no body can not legally stop you from doing so.
You can marry anywhere once you have attained the age after or before following the legal procedure of getting your marriage registered. Read Less
As of now there is no mechanism in law to register the live-in relationship hence you cannot. Also if you want to marry under Special Marriage Act then you must be 21 years old or else you cannot. So, you have to wait till you become 21.
There will not be any problem if you marry her as law does not bar inter religious marriages and no body can not legally stop you from doing so.
You can marry anywhere once you have attained the age after or before following the legal procedure of getting your marriage registered. Read Less
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Junaid Ali Khan
Responded 5 years ago
A.Yes, you can live in with your girlfriend because no law bars such relationships. Marriage is only possible once you acquire the age as per special marriage act. (For inter-religion marriages it is advisable to perform marriage under this act)
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ROBERT D ROZARIO
Responded 5 years ago
A.since this is inter religion marriage, you both should get married under Special Marriage Act. Contact Vidhikarya for alloting a lawyer to get marriage registered.
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A.As of now there is no mechanism in law to register the live-in relationship hence you cannot. Also if you want to marry under Special Marriage Act then you must be 21 years old or else you cannot. So, you have to wait till you become 21.
There will not be any problem if you marry her as law does not bar inter religious marriages and no body can not legally stop you from doing so.
You can marry anywhere once you have attained the age after or before following the legal procedure of getting your marriage registered.
There will not be any problem if you marry her as law does not bar inter religious marriages and no body can not legally stop you from doing so.
You can marry anywhere once you have attained the age after or before following the legal procedure of getting your marriage registered.
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