Unknown 27 October 2015

Please help!! need urgent advise on marriage

Hello,

I'm 24 years old ( Religion: HINDU & Cast: OPEN) residing in Mumbai and my Girlfriend is of age 25 ( Religion: HINDU & Cast: ST) she's from state of Assam and currently residing there. We are planning to get married soon, however her parents are againts our relationship and not even ready to talk to my family, but are in talks of getting her married to someone else from their own cast against her will, they have confiscated her documents like pan card and driving license, however she still has some documents with her. She's planning to run away from her hostel, so that she can come down to mumbai and marry me.

Questions:-

As my cast category is OPEN and she belongs to S.T would the hindu marriage act 1955 be applicable in the above case ?
Will there be any kind of notification sent to her family from the marriage registrar if we go for court marriage ?
She has her matriculation certificate to validate birthdate, a Voter Card( with a single letter printing mistake in her name) as an ID proof and bank Passbook as address proof; will these documents suffice the requirments for legal marriage under law?
Is getting married in Arya Samaj Mandir and later registering the marriage a better option?
What other legal options do we have ?

Please responed as early as possible. Thank you for your advices in advance.

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7 Replies

Santosh Kumar (Advocate) 27 October 2015

your 4th option is best since the Girl is Major and she have all the necessary documents you need not worry

Unknown 27 October 2015

Hi Mr.Kumar,

I greatly appreciate your quick response. I went through the Hindu Marriage Act 1955 law , it says "Section 2(2) provides that nothing contained in this Act shall apply to the members of any Scheduled Tribes (even if they are Hindus) unless the Central Government by notification in the official gazette otherwise directs. Most of the scheduled tribes are still governed by customs." Does this mean that Hindu Marriage Act wont be applicable in my case ? Please advise.

Thanking you once again.

SAINATH DEVALLA (LEGAL CONSULTANT) 27 October 2015

If both of U are brave enough to counter the post marriage turmoil that gives rise in both the families,better go for Arya Samaj Marriage,which is very much valid.Then get it registered.Obtain two copies from the mandir and both of U keep one each for future .At Arya Samaj and the registrar's office U need 2 witnessess from each side along with the necessary Identity and residential proofs.

Sudhir Kumar, Advocate (Advocate) 27 October 2015

You know the law. You came here to test the knowledge of experts. OK. Forum fails you win.

Sudhir Kumar, Advocate (Advocate) 27 October 2015

Furthermore. If you enter in untenable marriage with ST girl and later there is rift the you are open for allegation of rape as you have made the lady to believe that she is lawfdully wedded wife and obtained consent for s*x. . If you enter in untenable marriage with ST girl and later there is rift the in addition to tape the SC/ST Act will also apply.