Marriage
abhimanyu
(Querist) 10 March 2013
This query is : Resolved
A boy and a girl are children of two real sisters,who are Hindu by religion. Both children have never met each other as Boy is a USA citizen and girl is an Indian citizen. Please advise:
a) Can Boy marry that Girl?
b)If so, where this marriage should take place in USA or India?
c) What legal formalities should be completed
for this marriage?
prabhakar singh
(Expert) 10 March 2013
Legally such a marriage can not be performed
between two Hindus.
Rajeev Kumar
(Expert) 10 March 2013
As per as the data presented here such marriage are not valid in the eye of law as it is within the prohibited degree among Hindu and in HMA.
Kuummaar AS
(Expert) 10 March 2013
It has been informed that in some states of USA for example New York, such a marriage is considered valid. The position informed says that this type of marriage performed abroad will be recognized in the United States for immigration purposes where a civil ceremony has been conducted, a marriage certificate recorded, and an original or certified marriage certificate issued.
In view of above position, if marriage of a Hindu girl from India is held in NEW YORK with a Hindu USA citizen (Both being children of real sisters), what can be the effect of Indian laws prohibiting such marriage.
abhimanyu
(Querist) 10 March 2013
Other experts are also requested to opine in view of the position, which is again given below:
"It has been informed that in some states of USA for example New York, such a marriage is considered valid. The position informed says that this type of marriage performed abroad will be recognized in the United States for immigration purposes where a civil ceremony has been conducted, a marriage certificate recorded, and an original or certified marriage certificate issued.
In view of above position, if marriage of a Hindu girl from India is held in NEW YORK with a Hindu USA citizen (Both being children of real sisters), what can be the effect of Indian laws prohibiting such marriage."
Devajyoti Barman
(Expert) 10 March 2013
The marriage would be considered as null and void.
Raj Kumar Makkad
(Expert) 10 March 2013
According to Hindu marriage Act, such marriage if performed in India is illegal but if the same is performed as per USA Act and relevant rules then it shall be valid.
abhimanyu
(Querist) 10 March 2013
Thanks all experts. Views of experts are different and it is difficult to come to any conclision. It may be opined whether provisions of Hindu Marriage Act and Foreign Marriage Act will be applicable in a case where such marriage is performed in New York, USA where such relationships are allowed to marry but here girl is Indian citizen.
prabhakar singh
(Expert) 10 March 2013
Like great expert you are also great!
Foreign Marriage Act is in UK.
The expert who opines such marriage is possible under law of USA must refer the law
he knows to enlighten me at this 14 th night of Shiva Ratri.
Kuummaar AS
(Expert) 10 March 2013
Experts may kindly advise which laws will be applicable in this case.
Raj Kumar Makkad
(Expert) 10 March 2013
A valid common law marriage exists in AL when there is capacity to enter into a marriage, present agreement or consent to be husband and wife, public recognition of the existence of the marriage, and consummation." Waller v. Waller, 567 So.2d 869 (Ala.Civ.App. 1990). See also, Hudson v. Hudson, 404 So.2d 82 (Ala.Civ.App. 1981)."
Source: Alabama Attorney General FAQ
Visit the following link:
http://marriage.about.com/gi/o.htm?zi=1/XJ&zTi=1&sdn=marriage&cdn=people&tm=276&f=00&tt=11&bt=1&bts=0&st=12&zu=http%3A//www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm
Raj Kumar Makkad
(Expert) 10 March 2013
Some persons may easily celeberate Shiv Ratri now.
prabhakar singh
(Expert) 11 March 2013
What i find that there are following states in
U.S.A who recognize Common Law Marriage:
Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
New Mexico
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma’s laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
If you live in one of the above states and you “HOLD YOURSELF OUT TO BE MARRIED” (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, etc.), you can have a common law marriage (for more information on the specific requirements of each state, see Legal Information and Resources by State). Common law marriage makes you a legally married couple in every way, even though you never obtained a marriage license. If you choose to end your relationship, you must get a divorce, even though you never had a wedding. Legally, common law married couples must play by all the same rules as “regular” married couples. If you live in one of the common law states and don’t want your relationship to become a common law marriage, you must be clear that it is your intention not to marry. The attorneys who wrote Living Together (additional information below) recommend an agreement in writing that both partners sign and date: “SO and SO agree as follows: That they’ve been and plan to continue living together as two free, independent beings and that neither has ever intended to enter into any form of marriage, common law or otherwise.”
prabhakar singh
(Expert) 11 March 2013
If You Live in a State that Does Not Recognize Common Law Marriage
There is no way to form a common law marriage, no matter how long you live with your partner. There is one catch: if you spend time in a state that does recognize common law marriage, “hold yourself out as married,” and then return or move to a state that doesn’t recognize it, you are still married (since states all recognize marriages that occurred in other states). However, this is murky legal territory and we don’t recommend experimenting with it!
prabhakar singh
(Expert) 11 March 2013
So It is HOLDING OUT (as is here in case of partnerships)that is recognized that also not in all states of U.S.A.where there are specific different legislations laying down how the solemnization of a marriage can take place.
And in case you do not intend to HOLD OUT yet you both live togather you need some short of agreement specifically speaking about the intention.
Yet it is still unclear that states who recognize HOLDING OUT allows to HOLD OUT sister and brothers (as here the case is)
because society needs marriage on two scores only that it should not be performed in nearest relations so that it is not called INCEST and that parentage should be established because we have learned the term "ownership" and that should go on.
MOREOVER "HOLDING OUT" AT COMMON LAW AT BEST BE UNDERSTOOD AS CUSTOMARY PRACTICE .
HINDU MARRIAGE ACT ALSO RECOGNIZE CUSTOMARY PRACTICE PROVING WHICH THESE TWO CAN SOLEMNIZED.OUR'S IS INDIA
AND IT HAS EVERY KIND OF BREEDS.
OTHERWISE WHY WE NEED MARRIAGE LAWS ?
GO AS ANIMALS GO?
Raj Kumar Makkad
(Expert) 11 March 2013
Question was legal and its reply is also expected on legal lines and not what is expected and what ought to be. The querist is eager to know whether there is any law either in India or USA to allow such marriage and its sole answer is yes in USA in many States and once marriage is legally performed under relevant law of USA, such marriage is legal every where including India.
I think Shivratri might have been celebrated well now.
prabhakar singh
(Expert) 11 March 2013
EVEN ATTORNEYS IN STATES OF U.S.A STRUGGLE OVER THIS KIND OF ISSUE TO SEE HOW TO MAKE THINGS LEGAL UNDER"HOLDING OUT" BUT WE WHO ARE NOT AWARE OF ARE MAKING TALL CLAIMS.
prabhakar singh
(Expert) 11 March 2013
THE MARRIAGE BETWEEN THE TWO CAN BE LAWFULLY
SOLEMNIZED EVEN IN INDIA UNDER H.M.A PROVIDED EXISTENCE OF SUCH A CUSTOM IS CLAIMED AND PROVED TO PREVAIL IN THE COMMUNITY OF THE DUO.
abhimanyu
(Querist) 11 March 2013
on girl's side such a marriage was held almost 27 years ago. Will that come under custom for the purpose of this type of case or custom should be in the families both.
Devajyoti Barman
(Expert) 13 March 2013
I may repeated such marriage even if recognised in USA is absolutely null and void in India.
Sudhir Kumar, Advocate
(Expert) 06 April 2013
