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HINDU MARRIAGE WITHOUT REGISTRATION

Page no : 2

anamika rani (hr)     17 September 2013

Which wife will get 1st preference? And how to proof 1st marriage invalid? Rajjjjjjj help me dude!!!!! I dnt want my friend to do some sh*t! PlZzz raj! Nywayz thnx alotttttttt

anamika rani (hr)     17 September 2013

M not hiding! Nor c want property nor money! Just wanna know how that guy can get marry to his girlfriend by provng that 1st marriage was forcefully! 1st marriage - all forcefully and dy stayed together for a year! 2nd- now he cnt manage anymore as he is frustrated! He want to get marry to his girlfriend! Now u tell me what he should do to get his girlfriend as wife? Plz raj! M really soRry to trouble u but dy both in trouble! M really sorry! Plz help

anamika rani (hr)     17 September 2013

Raj! Child n process! How to avoid that name of the guy should not cme in birth certificate! He is gona ran off and gona b their on his 1st wife delivery! Whn he can get married to his girl friend and how to give 1st preference to his girlfriend? Pls reply ! Sry raj

anamika rani (hr)     17 September 2013

Wat Is bigamy raj? Wtevr I tld is truth as per me! Now u tell when dat guy cn marry to his girlfriend and how he can give 1st prefernce to hs girlfrnd? Nd wat all action he can take to prof 1st marriage invalid! Pls raj help me nah! U cn share ur no.

Nitin (Law)     17 September 2013

If you are a Hindu Indian man living in India and if you walk 7 steps around fire with a Hindu woman then its considered valid Marriage in India and in South even if the man ties a mangal sutra to the woman then also its considered a valid marriage.This is because our legal system is based on traditions and the social system.So here marriage registration is not required to make the marriage legal.

 

I think here there are more NRI's posting messages so if a NRI do the same as mentioned above then the legal system has to cross the Indian borders and marriage is legal only when its legal as per the law of the land where the NRI is living.Now if the marriage is not registered then as per the law our Indian legal system cannot do anything against the NRI and for this our legal system has adopted the other ways like misuse of laws like 498a,420 etc.

 

Marriage registration certificate is a Internationally valid document  which is accepted in any court all over the world but photos,invitation,saptapadi things like this are not accepted anywhere other than India.

Nitin (Law)     18 September 2013

@Raj123 What you really what to show with above thehindu column ? I only want to ask you one simple question,as proof of marriage which document is accepted by foreign embassies from Indian spouse? a) Wedding photo Album b) Wedding ceremony Video showing baarat,Saptapadi etc c) Marriage certificate issued from Temple. e) Marriage certified issued by Marriage registrar f) Marriage invitation card g) Honeymoon pics and videos of the couple similar to the Paris Hilton one In Indian court any of the one mentioned above is enough to make marriage legal but what about outside India ?

Nitin (Law)     18 September 2013

@Raj123 Here the problem is your knowledge is limited only to some Blogs and articles in newspaper which really don't tell the entire story. As per the article it shows the corruption in India due to which the embassy don't even trust the government issued marriage certificate so they ask for extra proof.Yes i know people in the embassy even want to make sure the couples Live together as husband and wife and even interview them and ask questions to know what others like only to make sure its not fake marriage for Visa. What i have mentioned is if a NRI who is living abroad does not register his marriage then its impossible for Indian legal System to punish him as you can see even embassies know the corruption in Indian system and how hard it is for couples to prove legitimate marriages and in this case when one person denies the marriage then its gets tough. Please read on the NCW web site which clearly warns people to get registered NRI marriages otherwise its impossible to take any legal actions and this is the reason they are trying hard to make registration of marriages mandatory. If someone has to fight a legal battle in foreign court with NRI marriages then its only possible with a valid marriage certificate which is a government document.If this document exist then photographs Video etc can make it strong evidence otherwise the only option left is filing false 498a cases in India to arrest the NRI when he arrives here or trouble his family in India.Other than this nothing more can be done.

Nitin (Law)     18 September 2013

@Raj123 For your knowledge to get a spouse Visa for some countries the process is so difficult that first they want the marriage certificate to be stamped from Home ministry and MEA then they interview the spouse and ask for additional document to prove marriage really happened and they lived as husband and wife and some even do external verification from detective service for which one has to pay extra for the so called marriage verification Service to the embassy.This is case of proving a legitimate marriage so imagine how the spouse going to prove to the embassy in case of marriage when one party deny the marriage.

Nitin (Law)     18 September 2013

@Raj123

 

To answer your questions 

what are the docuements required for register the marriage ?

One can get a marriage certificate only after the marriage is registered and its not automatic only with performing ceremony.The documents required is signed affidavit of both husband and wife and if the husband is NRI then his passport copy and if he a foreigner then NOC from his countries embassy and then 3 witness.This is the basic requirement but in some cases the registrar may ask more like invitation card photos etc.But we all knows the reality that in India to get even a driving license without even driving one gets it with help or agents paying money and its much easier to get a marriage certificate issued even without any of these above mentioned documents.

 

Now your second question In order to issue suppose visa what documents and proof they ask for ?

 

This depends on country to country and normally 50% cases they only ask for details of NRI husband e.g employer,salary,insurance etc and the marriage certificate which needs to be attested by External and Home Ministry.In doubtful cases they ask for more to make sure the marriage really exist and they are really couples and not a fake marriage.

 

Now what i want to say here is the importance of marriage certificate.As you have mentioned about Punjab Dhoba area then also please note that not every NRI's passport gets impounded and even for impounding the passport the RPO is first asking for a valid marriage certificate and not asking for marriage ceremony pics and invitation cards.If that would have been the case then all the NRI's from Dhoba would have lost their passport but till now only few 70 of them got passport impounded because these guys at some time registered there marriage and those who did not register the RPO could do nothing against them.

 

So even if one say registration of Hindu marriage is not necessary then i must say in cases of NRI marriages which are in trouble without registration no one can do anything other than wasting money on legal battle for getting nothing.

 

Shama   21 April 2017

Hi Seeking little advice here. Married as per Hindu rituals and not registered in Court. I understand it does not hold any ground however if heading for separation. Kindly suggest the proceedings. Thanks

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