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Vijaya Bhaskar (Social Service )     06 January 2024

Validity of child born

Dear learned experts,

A couple who are Christians got married under the provisions of Indian Christian marriage act 1872 in India, solemnised by minister of religion, and later the couple relocated to Ireland and had a son born in Ireland,

While the couple was in Indian they preferred to register their marriage under special marriage act 1954 for better legal status and authenticity.

Now the Ireland officials are asking the couple, is there any legislation in India that child born before marriage is legitimate since son is born before registration of marriage under special act 1954

Actually, under Indian marriage act 1872 the minister of religion who solemnizes is supposed to forward the marriage certificate to the district registrar for records.

Most of the Christians do conduct their marriages under Indian Christian marriage act 1872 without registration.

However when it comes to better projects in abroad for higher education or job they tend to register their marriage under special marriage act.

In the above mentioned situation, may I kindly seek your kind guidance in respect of child born legitimacy after the registration under special marriage act as we need to reply to the Ireland government.

Thanking you in advance

 

 



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 January 2024

You can obtain a copy of the marriage certificate from the Church where the marriage was solemnized which is authenticated.  The District Registrar cannot give you a copy of the marriage certificate where it was solemnized in Church.

Vijaya Bhaskar (Social Service )     06 January 2024

Ok sir, thank you sir your suggestion

kavksatyanarayana (subregistrar/supdt.(retired))     07 January 2024

You are welcome.................

Vijaya Bhaskar (Social Service )     08 January 2024

Thank you so much sir for the clarification. In fact section 26 of the special marriage act 1954 also helped me to know that the legitimacy of child born in case of void and voidable marriages

kavksatyanarayana (subregistrar/supdt.(retired))     08 January 2024

ok sir.................

T. Kalaiselvan, Advocate (Advocate)     08 January 2024

Instead of getting the marriage registered under special marriage act, you could have got the marriage registered un Indian Christian Marriage act on the  basis of the marriage solemnisation certificate given by the church.


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