Validity of marriage of Hindu Christian in church Validity of marriage of Hindu Christian in church

5 years ago

A Christian girl getting married to hindu boy in church.(only girl side was present)
Neither marriage was solemonized nor registration has been done in court as per special marriage act.
Both never lived together but in touch.
Does the wedding would be considered valid and counted. Its existence will be considered ?
Ref : Special marriage Act, Christian marriage act , madurai HC judgement if applicable

https://www.google.co.in/amp/s/www.deccanchronicle.com/amp/151119/nation-current-affairs/article/madras-high-court-says-hindu-christian-couple’s-marriage

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client kindly registered your marriage under special marriage act and get certificate.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.Dear sir, hindu marriage never happens in a church, only special marriages are celeberated in the church. even there is no marriage, no validity comes in the picture. For details,pl. contact some advocate through vidhikarya.com
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Dear Sir/Madam,
It is not clear whether you are for boy or girl.
If girl, then it can be considered as live in relationship and deemed marriage as follows.
=============================================================

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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

View All Answers
A.Dear Client,
As I understand the marriage was solemnized in a Church.The Church must have given you a Certificate.
Your Next step would be to Go to the Registrar of Marriage which is normally located in the Court premises.Get your marriage registered under The Special Marriage Act,1954.The Clerk in the Office will tell you the procedure. Fill up the Form, Give the documents required, along with Photos and also fees.Get the Certificate after 1 month.
In case of difficulty get in touch with me through Vidhikarya.Com
I will it FREE of cost for you.
Shanti Ranjan Behera
Advocate
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 5 years ago

The church has not given any certificate just signature of guy and girl and two witness on register.

Placeholder image

Shanti Ranjan Behera

Replied 5 years ago

Dear Client,
I am willing to take up your Case through Vidhikarya,com
Share the case history including the Name of the Church,Denomination, Police Station,Name of the District,District Head Quarter, District Court etc.
Talk to me over phone through Vidhikarya.com
Shanti Ranjan Behera,Advocate

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.Dear sir/mam it is not considered in special marriage act because it is not done according to the act
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sayaree Ganguly

Responded 5 years ago

A.Dear Client ,
No the marriage is not valid as it has not been done as per special marriage act...
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFamily - father has reduced age in aadhar card
Dear Client, Your oral admission before the officials regarding your age if not supported by substantial evidence or proof, your age/DOB as appears in your Aadhar Card shall be considered as your pres...
question iconWife name
Dear Client, Changing your spouse's surname post-marriage is not legally mandatory in India. Even, women don't need to change their names/surname on their passports after marriage. It is believed tha...
question iconMarriage dissolution
Dear Client, Section 12 in The Hindu Marriage Act, 1955 prescribed the grounds for voidable marriage. A marriage can be held null and void if the respondent was impotent at the time of marriage and at...
question iconMarriage Issues
Dear Client, Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence...
question iconWife name
Dear Sir, It does not create any problem as in most cases in India even after marriage the surnames will not be changed and it is understood.