This marriage (ie,Court Marriage) will be covered under the Special Marriage Act.
Adv.Shine Thomas (Advocate) 08 October 2008
This marriage (ie,Court Marriage) will be covered under the Special Marriage Act.
Mrs. Hetal Sunil Shah (Advocate) 11 October 2008
Hon'ble all: In all such cases we go for the short cut for performance of marriage ceremoney under Hindu retuals and get it registered under Hindu Marriage Act, 1956, because for marriage ceremoney under Special Marriage Act you need to approach Marriage Registrar before one month. The concerned registrar will issue Notice and place it on the Notice Board inviting any objection against the marriage within 30 days and when no objections are received the marriage shall be solemnized and couple shall be declared as Husband and Wife. If any body remember Mr. Rajiv Gandhi and Sonia Gandhi a notice was issued by Registrar and Mrs. Indira Gandhi was silent for the same, when asked by the journilists. Of course they have followed both procedures of marriages under Hindu Retuials and Special Marriage Act too. Better to approach Arya Samaj or any such institution or any trust who can solemnised the marriage and on next day you can go for registration of the same with the certificate and required other proofs of marriage, identifications, affidavit/declarations, etc. and get your marriage registered. Normally I do and follow this procedure, because as a woman advocate I know the couples are always in hurry to marry and their parents are against them - in some cases parents files compliants under Habius Corpus and pressurise either parents of bride or groom and harass them - but in most of the cases afterwards they comes to be happy compromise and acceptability of marriage and all become happy. As a lawyer I play my signficant role of protecting them from all illegal ways and means and guide them accordingly to law I have got registered such many marriages they are very happy. Hope this will help you. I repat in verbatim the report in respect of Habius Corpus sent by PI to the HC Gujarat as an example here wheren a Habius Corpus Petition was made by parents of the bride against Boy and his parents and others before Hon'ble Gujarat High Court, wherein I appeared through my Senior and the petition was upheld on getting Report from Police Authorities. "To:The Registrar,
With reference to the above, it is submitted that one Sureshbhai Kishanbhai Vasantani resident of 172/2064, Pritiksha Apartment, Sola Road, Ghatlodia Ahmedabad declared in person before Head Constable Chhaganbhai Jorabhai at Ghatlodia Police Station that his daughter having name Nitaben aged about 20, residing at his above address is lost and had further declared that his daughter Nitaben had left his house on 17/10/2007 at about 19.30 hours evening under pretext to bring vegetables, and thereafter, she is not traceable. Said Head Constable Chhaganbhai written the said declaration in the Police Station Diary under Entry No. 19/07 on 22.10.2007 and had also made note in the information register under Entry No. 185/07 and entered information for further inquiry. A broadcast message was also given to the Police Control Room in respect of loss of Nitaben and in the regular Form a detailed description was filled in and submitted to concerned Police Inspector, Missing Squad, PCB Branch, Ahmedabad. Thereafter, on
Thereafter, as it was found in the inquiry that said Nitaben Sureshbhai Vasantani had married to Parag Jayantilal Vaidhya and on the basis of same, a statement of mother of Parag viz. Gitaben was recorded at her residence and wherein she had informed that said Parag and said Nita both families are staying in nearby of each other and had introduction and thereafter must have love and relations with each other and said Parag had left his residence on 17/10/2007 at about 16.00 hours on pretext that he is going to his shop. She has further stated that she had heard of gone away of Parag and Nita and she had made an inquiry through her other persons and also through her another son Rakesh and came to know that they have got married before the Registrar at Vadaj. She has also further stated that thereafter Parag has not returned nor having any contact with him. Her statement is attached herewith in the inquiry proceedings.
Thereafter, a statement of Rakesh was recorded, wherein he has stated that Parag and Nita had introduction of each other and thereafter they have been meeting each other stealthily and secretly and we have informed this matter and brought to the notice of her father and had also informed him to advise his daughter Nita not to do so and not to roam with Parag against your will and consent. He has further stated that he personally went to the residence of Parag and the said matter came to knowledge of Nita and Parag and under apprehension that their or her parents will not allow them to marry and therefore on 17/10/2007 both without informing anybody at their residence have gone away and got married and thereafter their family members came to our residence and discussed what steps to be taken in the matter. The said statement of Rakesh is taken in the inquiry proceedings and attached. Thereafter, for the further inquiry in the matter, one Mitesh Arvindbhai Trivedi, resident of 123/1475, Ganesh Apartment, Sola Road, Ahmedabad a bosom friend of Parag was inquired and he has stated that Nita and Parag were in love with each other and Parag informed him that he want to marry Nita, but his elders are not approving the same and therefore, he shall run away with her and will get marry. Mitesh has further stated that he had advised him not to do so. Thus, it has come to know from Mitesh that Parag and Nita has run away from home and got married. The said statement is recorded and is attached with the proceedings of inquiry in this case Thereafter, on inquiry it was revealed that lost Nita had ran away from home and against consent of her parents got married with Parag Vaidhya through Court. In this respect, the applicant Sureshbhai Vasantani has informed in writing to Head Constable Chhaganbhai on
sandeep verma (advocate) 20 October 2010
Documents required for Performance & Registration of court Marriage...
1.Passport Size Photographs - four each of Marrying Persons.
2.Residential Proof (Voter Card / Passport / Ration Car / Driving License / Bank Passbook / Lease Deed / Rent Deed) of Marrying Persons.
3.Date of Birth Proof (Municipal Corporation Certificate, Xth or XIIth Examination Certificate, Passport, PAN Card) of Marrying Persons.
3.If any party is divorcee – Certified copy of Decree of Divorce granted by the Court.
4.If any party is widow / widower – Death Certificate of the dead spouse.
5.If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address - Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.
6.Two Witnesses ( Both should be major )
FOR MORE DETAILS YOU CAN CONTACT @ 9818673748 ( Adv.sandeep verma).Delhi