Marriage certificate
karthik
(Querist) 24 April 2016
This query is : Resolved
Hai everyone. I am a resident of Hyderabad. I married a girl one year back without knowing our parents. I want to get a marriage certificate now.The issue is we won't fall under prohibited degree of relationship but our surnames are name.when we apply for a marriage certificate under Hindu marriage act can we obtain it or else they will reject our application just because our surnames are same.Under special marriage act there is a possibility that our parents might know.we want to let them know only after getting certificate because they will not accept our marriage and might take my wife away from me.if there is a certificate I can sue them legally.so please please help me in getting my marriage certificate
kavksatyanarayana
(Expert) 25 April 2016
If both of you are majors and you are not under prohibited relationship, though your surname is one, you can go for registration of marriage with Aadhaar card, residential proof, receipt from where your marriage is done. If both of you are Hindus, hindu marriage will be registered.
Rajendra K Goyal
(Expert) 25 April 2016
You can go for registration. It is advisable to ask your parents to cooperate.
karthik
(Querist) 25 April 2016
No they will not cooperate at all.They are so superstitious.After applying for certificate under Hindu marriage act,will our parents come to know about it before issuing the certificate?
M V Gupta
(Expert) 26 April 2016
As surnames are the same, under the HM Act ur marriage is invalid. Sagotra marriages are prohibited. Hence ur application for registration under the HM Act may not be accepted.
M V Gupta
(Expert) 26 April 2016
As surnames are the same, under the HM Act ur marriage is invalid. Sagotra marriages are prohibited. Hence ur application for registration under the HM Act may not be accepted.
M V Gupta
(Expert) 26 April 2016
As surnames are the same, under the HM Act ur marriage is invalid. Sagotra marriages are prohibited. Hence ur application for registration under the HM Act may not be accepted.
P. Venu
(Expert) 26 April 2016
"As surnames are the same, under the HM Act ur marriage is invalid." I am afraid, with due apologies to Learned Expert Shri M.V.Gupta, that such provisions are unknown to Law.
M V Gupta
(Expert) 29 April 2016
With reference to Mr. venu's posting I would like to clarify that in large parts of India, in particular in the South, surnames are linked to the Gothras; and according to the personal laws of Hindus, sagotra marriages are prohibited as the lineage is traced to the same fore fathers and hence the boy and girl are brother and sister. Section 5 of HM Act lays down conditions for a valid marriage of Hindus. Section 5 (iv) provides that the parties to the marriage should not be in prohibited degrees of marriage. Section 2 (g) (iv) provides that one of the prohibited degrees is brother and sister. (The querist is from Hyderabad and hence the above provisions apply to him, unless he is able establish that his local custom and usage permit a marriage between brother and sister.
karthik
(Querist) 01 May 2016
Sir we are not siblings to be a brother and sister. And degree of prohibited relationship includes only 5th generation from paternal side.We don't have any kind of relationship from parents.Then also will we fall under prohibited degree of relationship?please help us
