Registration marriage
3 months ago
My relative girl (25 years age) has married with a boy (38 years age) also divorced before 2 months and has 2 childrens in arya Samaja on 16th November 2023 and registration is done on 20th November 2023 within 4 days.and also it's intercaste marriage. But the girl has realised her mistake and she started to object within 2 days but the boy and family threatened her and make her to stay in their home..and finally within 15 days she returned to our home and she don't want to return.
Now my question is can registration be done within 4 days of marriage as it is intercaste marriage? How to deal this situation.
A.Dear Client,
Section 5 of the Special Marriage Act, 1954 mandates marriage officials to issue a public notice soliciting objections to an impending marriage 30 days before the ceremony. Any couple wanting to marry under the SMA must notify the marriage officer in the district in the prescribed form where at least one of the two has lived for at least 30 days. This notice of intended marriage is then posted for one month on the notice boards of the registration office where the notice is submitted. It is also posted in their respective hometowns or places of residence. During this time, anyone can oppose the couple's union, and an inquiry will be convened. If no one objects, the marriage is solemnized by the marriage officer after the expiry of 30 days' notice. The Certificate of Marriage will be entered in the certificate book and shall be signed by the parties to the marriage and three witnesses. Earlier in June 2022, the Supreme Court declined to accept certificates issued by the Arya Samaj as valid proof of marriage. A bench of Justices Ajay Rastogi and BV Nagarathna said, “Arya Samaj has no business giving a marriage certificate. This is the work of the authorities appointed under the respective legislations. The Allahabad High Court has also ruled that marriage certificates issued by the Arya Samaj do not have statutory force. Given the above-stated proposition of relevant law and the averments of the Courts, the marriage held through Arya Samaj is not legally valid and acceptable unless and until the marriage is registered following the statutory provision of respective resolutions, the Special Marriage Act,1954. Reach out to an Advocate experienced in matrimonial laws for guidance and steps.
Section 5 of the Special Marriage Act, 1954 mandates marriage officials to issue a public notice soliciting objections to an impending marriage 30 days before the ceremony. Any couple wanting to marry under the SMA must notify the marriage officer in the district in the prescribed form where at least one of the two has lived for at least 30 days. This notice of intended marriage is then posted for one month on the notice boards of the registration office where the notice is submitted. It is also posted in their respective hometowns or places of residence. During this time, anyone can oppose the couple's union, and an inquiry will be convened. If no one objects, the marriage is solemnized by the marriage officer after the expiry of 30 days' notice. The Certificate of Marriage will be entered in the certificate book and shall be signed by the parties to the marriage and three witnesses. Earlier in June 2022, the Supreme Court declined to accept certificates issued by the Arya Samaj as valid proof of marriage. A bench of Justices Ajay Rastogi and BV Nagarathna said, “Arya Samaj has no business giving a marriage certificate. This is the work of the authorities appointed under the respective legislations. The Allahabad High Court has also ruled that marriage certificates issued by the Arya Samaj do not have statutory force. Given the above-stated proposition of relevant law and the averments of the Courts, the marriage held through Arya Samaj is not legally valid and acceptable unless and until the marriage is registered following the statutory provision of respective resolutions, the Special Marriage Act,1954. Reach out to an Advocate experienced in matrimonial laws for guidance and steps.
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A.Dear Sir,
Since marriage already registered in the Arya Samaj as such registration authorities may accept registration on the basis of such background.
Since marriage already registered in the Arya Samaj as such registration authorities may accept registration on the basis of such background.
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A.Dear Client,
The legality of the marriage registration timeline depends on the local laws and procedures in place. In many jurisdictions, intercaste marriages are legally valid and can be registered within a short period. However, the more pressing concern appears to be the girl's distressing situation. Given her objections, threats, and desire not to return, it is crucial to prioritize her well-being and safety. Encourage her to seek support from local authorities or organizations that deal with domestic issues or women's welfare. She may consider filing a complaint with the police or seeking a protection order if necessary. Consultation with a legal professional can provide insights into her options, ensuring her rights are protected during this challenging situation. Encouraging open communication and emotional support for her decision will be crucial during this time.Section 29 of HMA 1955 lays that “A marriage solemnised between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara.
Thankyou
The legality of the marriage registration timeline depends on the local laws and procedures in place. In many jurisdictions, intercaste marriages are legally valid and can be registered within a short period. However, the more pressing concern appears to be the girl's distressing situation. Given her objections, threats, and desire not to return, it is crucial to prioritize her well-being and safety. Encourage her to seek support from local authorities or organizations that deal with domestic issues or women's welfare. She may consider filing a complaint with the police or seeking a protection order if necessary. Consultation with a legal professional can provide insights into her options, ensuring her rights are protected during this challenging situation. Encouraging open communication and emotional support for her decision will be crucial during this time.Section 29 of HMA 1955 lays that “A marriage solemnised between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara.
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