Querist :
Anonymous
(Querist) 25 October 2017
This query is : Resolved
Hi
I am a Hindu girl, age - 27 and my fiance is Muslim and his age is 29. He is working in USA and after marriage I will be shifting there too. We are getting married in December in front of our families and for this he is coming to India on 4th Dec and leaving on 28th Dec. I wanted to know if we want to do a court marriage under special marriage act, will both the parties have to be available to apply? Or can one party apply and on the date of court marriage both the parties be available? .Since he is just coming for 24 days and it'll be difficult for us to apply then as the marriage date is given after 30 days of application submission. .
Also, if court marriage is not possible then post both side wedding functions are done, then can it be register under special marriage act? Is this a possibility? Both of us are not very religious but at the same time we don't want to change our religion and our families are supportive of the marriage but not a change of religion.
Rajendra K Goyal
(Expert) 25 October 2017
No advice from me to an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Vijay Raj Mahajan
(Expert) 25 October 2017
You should meet the marriage officer of your district and get permission for applying or giving notice for marriage on behalf of both parties in consideration of the peculiar situation you stated here. I feel that will be taken in consideration and on compassionate ground it will be allowed. The groom can be present on the date of marriage after expiry of 30 days notice and you get married in presence of 3 witnesses and marriage is registered. You get marriage certificate that will help your spousal visa with husband. I had a similar case where in Gurgaon district the Marriage Officer allowed the groom to single handed giving notice for the marriage while bride was in UK at that time and on the date of marriage after 30 days they got married under the Special Marriage Act 1955.
kavksatyanarayana
(Expert) 25 October 2017
I endorse the well advise of Mr.Vijay raj Mahajan ji.
Sudhir Kumar, Advocate
(Expert) 26 October 2017
unless one of you convert, the ceremonial marriage shall be void.
So follow Spl Marriage Act path only.
Kumar Doab
(Expert) 26 October 2017
AQ………………so NO reply…
Kumar Doab
(Expert) 26 October 2017
You may post with your ID and you can get many replies..........
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