marriage law
J K Agrawal
(Querist) 30 January 2009
This query is : Resolved
If marriage solemnized among Mohammadan boy and Hindu girl through Arya Samaj is valid? do the boy required to convert to Hindu before marriage? if Registration of such a marriage is possible?
sanjeev murthy desai
(Expert) 30 January 2009
Dear J. K. Agarwal,
1. Marriage in Arya samaja you can have the proof of marriage
2. Hindu Law donot not approved any convertion
3.Yes registration is possible.
4. special marriage Act apply
sanjeev desai
ARVIND JAIN
(Expert) 30 January 2009
HOW SPECIAL MARRIAGE ACT CAN APPLY?
sanjeev murthy desai
(Expert) 30 January 2009
Dear Arvind Jain
special marriage act
section 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.
Sushil Kumar Bhatia
(Expert) 31 January 2009
Such marriage between different religion is bad in law and illegal,void first they should convert any religion either hindu or muslim and marriage only can be solemnize as per converted religion's customs
sanjeev murthy desai
(Expert) 31 January 2009
special marriage act permits marriages between persons who are not of the
same community or who have different religions or nationalities.
sanjeev desai
Tribhuwan Pandey
(Expert) 31 January 2009
Yes only Special Marriage Act permits such type of marriage.
As per recent Supreme Court Judgment such marriage is invalid solemnized under any other family law.
J K Agrawal
(Querist) 01 February 2009
Sir
I got enlightened from all of you and I am thankful to you.
Actually I have applied under special marriage act and the court issued notices to marriage officer of their residence and parents but problem is the boy is from gulf country and when the marriage officer sent notice to embassy of that country the embassy people did not bother that notice. They do not want to reply to the marriage officer in any manner.
Now the marriage officer is ready to draw dis-satisfaction order sheet (as he have no report from boy side.)
The law does not require any such report as only objections are called for But it is under domain to the Marriage that he may draw dis satisfaction report even though there is no objection.
An appeal is a way with me but again it is time consuming and full of hurdles.
The parties do not want to be conversion but I find my self help less.
Please suggest.
ARVIND JAIN
(Expert) 02 February 2009
Your question was "If marriage solemnized among Mohammadan boy and Hindu girl through Arya Samaj is valid? do the boy required to convert to Hindu before marriage? if Registration of such a marriage is possible?
now u are changing the basic question.
smilingadvocate
(Expert) 02 February 2009
Mr. J.K.Agarwal first of all no marriage will be conducted between the different religion in Arya Samaj first they have to be Hindu's
if Not they make the boy to convert into Hindu and then perform the mariage as per the rites and customs of the Hindu Mariage Act. and the marriage in Arya Samaj is valid.
every marriage has tobe registered.
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
