which is legal marriage? court or temple marriage
sanchita mathur
(Querist) 02 November 2014
This query is : Resolved
if a boy get married as Hindu custom then he do a court marriage with his girlfrnd... so which marriage is legal the first one or the second one?and the hindu marriage was not register so which marriage hav legal piority?
Devajyoti Barman
(Expert) 02 November 2014
Both are marriage and while mentioning the date of marriage he can do either of the wo or both.
Dr J C Vashista
(Expert) 03 November 2014
The marriage, if performed/solmenised under the Hindu rites and customs and consumated it is perfect.
However, if the marriage is registered it is documented in the records of government.
Sudhir Kumar, Advocate
(Expert) 03 November 2014
I agree with Dt Vashita and I will add as under :-
(i) Consummation as a per-condition of validity of marriage does not exist in any community except Muslims. Marriage is complete as soon as ceremony, as per customs related to either side is over. It becomes biding unless it is otherwise void.
(ii)marriage would be binding and complete even if the ceremonies volunteered by the bride and groom are not prevalent for either community (but acceptable under HMA). e.i. vedic hindu boy and buddhist girl visit gurudwara and have Anand Karaj with intention of marriage. The marriage is complete and binding.
(ii) Marriage becomes complete and binding when first performed. No fresh marriage is taking place even if the same or different ceremonies are repeated daily.
ajay sethi
(Expert) 03 November 2014
agree with experts
R.K Nanda
(Expert) 03 November 2014
both are legal.
malipeddi jaggarao
(Expert) 03 November 2014
The first one is valid and the second one though it is registered marriage, since the registration might have been obtained by concealing the first marriage, the registered marriage will be void and the boy can be booked for bigamy and he will be great trouble.
K.K.Ganguly
(Expert) 03 November 2014
1. The temple marriage is legal, so is the regsitry,
2. The date when the marriage was solemnised or registered, which one was earlier, will be considered as the date of marrieage
sanchita mathur
(Querist) 03 November 2014
ook thanx but if first marriage which is a temple marriage not registered anywhere and boy done second marriage by court? so which have first piority?
Sudhir Kumar, Advocate
(Expert) 04 November 2014
You have been advised. still the present doubt is not understood.
The marriage becomes binding on completion of ceremony and not on registeration.
For future query please elaborate facts of the case with dates.
Sudhir Kumar, Advocate
(Expert) 04 November 2014
please also clarify whether both the marriages are between same couple.
malipeddi jaggarao
(Expert) 04 November 2014
We are not here to give the answer to your liking. You are sufficiently advised and now stop this query.
Dr J C Vashista
(Expert) 04 November 2014
I fully agree and appreciate the expert observation of Sh. Rajendra K Goyal instant query is an academic and Sh. Malipeddi Jaggarao has very rightly advised.
Sailesh Kumar Shah
(Expert) 04 November 2014
facts of query are still in dark, hence no reply.
V R SHROFF
(Expert) 04 November 2014
ACID TEST OF WHICH MARRIAGE IS VALID/ WH IS INVALID:
COUPLE FILE DIVORCE PETITION:
Temple marriage is not having any Documentation: nor Registered
So need to produce Registered Marriage Documents,where they declared to be unmarried on the dt of marriage!!
Registered Marriage if under Sp marriage act, must go to District Court
Hindu marriage had to move Sr Civil Court or Family Court
NOW DECIDE WHICH MARRIAGE IS VALID IN THE EYES OF LAW???
WHICH COURT IS COMPETENT TO DISSOLVE MARRIAGE AND ALLOW DIVORCE????
IT ENABLE TO REPLIES YOU THE QUERY
T. Kalaiselvan, Advocate
(Expert) 06 November 2014
A marriage performed as per valid legal formalities first will be recognised and subsequent marriage even between the same persons will be considered as null and void.
Devajyoti Barman
(Expert) 08 November 2014
Dear Experts, can I know how the registration of marriage becomes null and void if the same is done afterwards of Hindu ritualistic marriage.
Many people after performing of Hindu rituals register the marriage. Even it is the pre-condition for registration of marriage under Hindu MARRIAGE ACT as unless the couple performs marriage under Hindu Rites and customs they can not register their marriage under Hindu marriage Act wh9chc an happen on the next day or even after 10 years.
Sudhir Kumar, Advocate
(Expert) 08 November 2014
@ Mr Barman
The querist is well confused.
He has been clarified that a marriage becomes binding on completion of ceremonies. It remains binding even if it is not registered and registration is always subsequent.
He is not talking of registration of marriage (atleast appearing from the facts not hidden) he perhaps wants s to compare ceremonial marriage and court marriage.
He wants to have a free advise without disclosing full facts.
He is not at all clear.
