Muslim Marraige resigtration
sabia
(Querist) 06 June 2008
This query is : Resolved
hi , i m sabia sheikh from jalandhar ,punjab i got married on 24th march,08 with the boy residence of lahore pakistan of sheikh muslim. he is living and study at london on studemt visa. my query is that embassy has imposed restriction that we have to resiter our marriage under special marraige act, after living here 30 days of marriage he went back to London, and i have filled tha application for the marraige registration under special marraige act at Tehsil Complex, jalandhar , but the ADC has refused to take any process for registration, can u help me in this regard. he is saying that there is no provision of regitraion of Muslim marraige under special marriage act. plz help me in this regard. he is also saying that both parties should be present , but there is no provision that for filling the application both parties should be present only signatures are compulsary according to law, but my husband can't come so soon coz he is a student . so pzl help me in this regard and guide me wat to do . wat i have to do. if i m unable to get resitered my marraige.is there is no provision that my application may be accepted by them and they fulfill the process and send the notice to my husband at London at theier residence? is it possible? kidly help me and tell me wat i should do? is special marriage registration is applicable for resitration of marriage under same caste
Kiran Kumar
(Expert) 07 June 2008
Registration of all the marriages have been made compulsory in India and most of the states have already enacted rules and regulations in this regard.
ordinarily ur husband has to be present here so that his credentials can be verified......since he is Pakistani National u ll ve seek the assistance of the Pakistan Embassy too.
may be a bit tyring job but u ll ve to do it......if possible try to reach London via Pakistan that will be more cheap and viable option...u ll get ur marriage registered in Pakistan quite easily.
Kiran Kumar
(Expert) 07 June 2008
Registration of all the marriages have been made compulsory in India and most of the states have already enacted rules and regulations in this regard.
ordinarily ur husband has to be present here so that his credentials can be verified......since he is Pakistani National u ll ve seek the assistance of the Pakistan Embassy too.
may be a bit tyring job but u ll ve to do it......if possible try to reach London via Pakistan that will be more cheap and viable option...u ll get ur marriage registered in Pakistan quite easily.
Kiran Kumar
(Expert) 07 June 2008
Registration of all the marriages have been made compulsory in India and most of the states have already enacted rules and regulations in this regard.
ordinarily ur husband has to be present here so that his credentials can be verified......since he is Pakistani National u ll ve seek the assistance of the Pakistan Embassy too.
may be a bit tyring job but u ll ve to do it......if possible try to reach London via Pakistan that will be more cheap and viable option...u ll get ur marriage registered in Pakistan quite easily.
Manish Singh
(Expert) 07 June 2008
To get registered under the Special marriage act, you are bound to follow the procedures followed by the act and it seems that you have not followed the same.
thats the reason you are denied registration.
To come under the special marriage protection, you both are bound to intimate your intention ot marry to the registrar of marriage at the last reside place of any of the party, then he issues notification and asks for objections from both of your parents, and this remains valid for a period of one month. if no valid obections are raised , he will allow to get married and thereafter register the marriage.
check out whther you have followed the same or not?
SANJAY DIXIT
(Expert) 25 June 2008
REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS
15. Registration of marriages celebrated in other forms.—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.
16. Procedure for registration.—Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within the period, shall, if satisfied that all the conditions mentioned is section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.
17. Appeals from orders under section 16.—Any person aggrieved by any order of a Marriage Officer refusing to register a marriage under this Chapter may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer to whom the application was made shall act in conformity with such decision.
