intercaste marriage
goutam
(Querist) 06 August 2011
This query is : Resolved
sir i need little help from you
i want to marry my girl frend
she 18 but iam not 21
there is no problem from my family side but her family is unknown about our affair and will probably going to take steps if we conduct marriage in temple not legally authorized so sir please suggest what to do next.
M.Sheik Mohammed Ali
(Expert) 06 August 2011
as per special marriage act you may do register marriage, its no problem comes.
goutam
(Querist) 06 August 2011
but my age age is not satisfying our law iam 19+ and many people told me that i cant marry a girl until i become 21 years old
M/s. Y-not legal services
(Expert) 06 August 2011
boy's marriage age should be 21 is advisory one.. not mandatory.. so you can marry the girl if she is major..
Guest
(Expert) 06 August 2011
agree with mr. tom
goutam
(Querist) 06 August 2011
yes but what is advisory and mandatory means.............
prabhakar singh
(Expert) 06 August 2011
A marriage under special marriage Act can take place as per satisfaction of following conditions laid down in section 4 of the Act:
4.Conditions relating to solemnization of special marriages.— Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:--
(a) neither party has a spouse living;
(b) neither party is an idiot or a lunatic;
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited relationship; and
(e) where the marriage is solemnized outside the territories to which this Act extends, both parties are citizens of India domiciled in the said territories.
ITS breach may lead to an objection u/s7 which may lead to an inquiry and refusal u/s 8(2) by marriage officer.MOREOVER BREACH OF CONDITIONS LAID DOWN IN SECTION 4(a)(b)(c)(d) makes the marriage VOID u/s 24 which reads:""Void marriages.—
(1) Any marriage solemnized under this Act shall be null and void any may be so declared by a decree of nullity if—
(i) any of the conditions specified in clause (a), (b), (c), and (d) of section 4 has not been fulfilled; or
(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.
(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clause (a) to (e) of section 15.
Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the district court has become final.""
A marriage solemnized otherwise can also be registered u/s 15 of this Act on grounds
Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872 (III of 1872), or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:--
(a) a ceremony of marriage has been perform between the parties and they have been living together as husband and wife ever since;
(b) neither party has at the time of registration more than one spouse living;
(c) neither party is an idiot or a lunatic at the time of registration;
(d) the parties have completed the age of twenty-one years at the time of registration;
(e)the parties are not within the degrees of prohibited relationship;
Provided that in the case of a marriage celebrated before the commencement of this Act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two; and
(f) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.
The same age is laid down in section 5 of Hindu Marriage Act,also,the breach hereof is voidable and not void.
SO THAT IS THE LEGAL POSITION ON DATE.
18 IS MAJORITY BUT BOY IS INTENDED TO BE 3 YEAR OLDER THAN THE GIRL FOR SCIENTIFIC REASONS.
Men marry younger women and women prefer to marry older men, in general. But is it culture, genetics or the environment that drives such a choice—and is there an optimal age difference? New research shows that, men should marry a woman almost 15 years their junior to maximize their chances of having the most offspring that survive.MAY BE MYTH MAY BE TRUE BUT IT IS THERE .
Raj Kumar Makkad
(Expert) 06 August 2011
I completely agree with prabhakar singh and suggest you to wait till you complete 21 years of age. Be mature first before you marry.
