S.5 of Special Marriage Act
Kumar Krishan Agarwal Advocate
(Querist) 17 November 2009
This query is : Resolved
1. One girl age 21 christan and boy age 28 christan want to marry each other belongs to Delhi and Mumbai Respectively. They don't not want to marry in these cities where they reside. But chose any other specific city of India and apply under S.5 to District Judge suppose Chandigarh city court for marriage .
will the marriage notice will be accept by the District court of Chandigarh while the both persons doesn't living in the chandigarh and come for only marriage purpose from afraid of their parents.
or
The living of the any party at least one month is essential for making application into that District court of specified city.
2. Will the parties have to tell their parents resident address in the intended to notice or the temporary address is sufficient only in notice under S.5 ?
Raj Kumar Makkad
(Expert) 17 November 2009
Living in that area for a month is not mandatory rather a temporary address is sufficient. One month notice is mandatory.
A V Vishal
(Expert) 18 November 2009
The residence of atleast one of the parties for a period of not less than thirty days immediately preceding the date on which such notice is given is mandatory and cannot be done away. By not sharing the true facts in the application there is a probability that they might have to face legal problems in the future.
