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Rohan Shanbhag (Software Engineer)     30 July 2012

Inter religion marriage

My name is Rohan S (Age: 25 years, Religion: Hindu) and I am a resident of Mumbai. I seek information on the Special Marriage Act and I would be glad if you could help me out.

The girl I intend to marry (Age 24 years, Religion: Christian) is a resident of Kerala. As per my understanding of the Special Marriage Act of India, we have to register at the Registrar of Marriage with documents related to age & address proofs and photographs. After this, a notice is displayed for a month till the end of which a person can object to the marriage. A notice is also sent to the residence of the couple intending to marry and also published in leading newspapers. After the end of the month, the marriage can be solemnized at the office of the Registrar in front of three witnesses.

My queries with respect to the Act are:
1) Do both, the boy & the girl, need to be present at the time of registration? Both will be present at solemnization ofcourse.
2) Can we avoid the notice being sent to the residence of the boy & girl or being published in newspapers?
3) On what grounds can the marriage be objected to?
4) Do we need a proof of religion/caste?
5) Would only the boy's address proof enough? Or do we need both the boy's & girl's address proofs?
6) On a practical level, how easy is it to get the required appointments with the Registrar of Marriage in Mumbai?

PS: If any lawyer in Mumbai can help us getting married for a nominal fee, please reply to this message.



Learning

 6 Replies

Tajobsindia (Senior Partner )     31 July 2012

 

 

Originally posted by : Rohan Shanbhag

 

My queries with respect to the Act are:
1 Do both, the boy & the girl, need to be present at the time of registration? Both will be present at solemnization ofcourse.
Take: Yes both have to be physically present.

2 Can we avoid the notice being sent to the residence of the boy & girl or being published in newspapers?
Take: No. Remedy is to do Arya Samaj wediing where she has to change her religion. Arya Samaj issues certificate of Marriage which is valid before Court of Law in
India.

3 On what grounds can the marriage be objected to?
Take: Either sides elders / relatives may say anything to object and the list can be as lengthy as Arabian Nites. OR either sides last gf/bf may come to know and object about it.......

4 Do we need a proof of religion/caste?
Take: No.

5 Would only the boy's address proof enough? Or do we need both the boy's & girl's address proofs?
Take: Both

6 On a practical level, how easy is it to get the required appointments with the Registrar of Marriage in Mumbai?
Take: Easy and if you can over come usual Govt. Offices red-taps then it is as good as that!

PS: If any lawyer in Mumbai can help us getting married for a nominal fee, please reply to this message.
Take: Any Junior Lawyer can help you or search one from reference and or search from LCI Lawyers database specific to Mumbai city and directly consult / appoint one accordingly for the same purposes.

 

 

 

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     01 August 2012

Rohan,

What more clarifications do you require than the information provided by  Tajobsindia ?

1 Like

Rohan Shanbhag (Software Engineer)     01 August 2012

Thank you Tajobsindia for your succint answer to my question. A part of your answer raises a doubt in my head. I quote your reply

 

"3 On what grounds can the marriage be objected to?
Take: Either sides elders / relatives may say anything to object and the list can be as lengthy as Arabian Nites. OR either sides last gf/bf may come to know and object about it......."


If anyone can object to the marriage for any reason, how can two people get married by their free will under this Act? Resorting to change of religion by either side is the only way? Can you provide a few examples of such objections and what measures to take to tackle such objections?

Tajobsindia (Senior Partner )     02 August 2012

  

Originally posted by : Rohan Shanbhag

 


If anyone can object to the marriage for any reason, how can two people get married by their free will under this Act?
Take: By challenging to such objections!

Resorting to change of religion by either side is the only way?
Take: Not necessarily required. Inter caste - religion marriages are Registered under SMA.

Can you provide a few examples of such objections and what measures to take to tackle such objections?
Take:
1.1(a) Bridegroom or bride who desire to marry should not have married wife / husband;

(b) Bridegroom or bride who cannot voluntarily give consent for marriages owing to mental illness are not eligible for marriage;

(c) Marriage of those who are capable of giving consent for marriage but (d) incapable of getting child owing to unsound mind cannot be solemnised nor be registered;

(d) Those suffering from insanity are ineligible for solemnisation of marriage;

(e) Those who are within degree of prohibited relationship are ineligible for marriage provided they can marry if it is permitted according to the usage of custom or usage governing such persons;

1.2. Bridegroom and bride who are descendants up to 5 generation from mother's side or father's side cannot marry (They are called Sapindas). This is valid for registration under both HMA as well as SMA.
- Her parents may not like a Hindu groom.
- Your parents may not like a Christian bride.
- Her ex b/f may produce a earlier marriage photo of her.
- Your ex g/f may says she was engaged to you and there she pops a photo.
- Your uncle may have already selected a eligible girl for your marriage.
- Her uncle may have some other plans for his only niece.
- Her parents may produce a minor age birth certificate of their daughter.
- Your parents may say that first earn / save enough and after 5 years get married not now.

like wise so on so forth………….

Measures to tackle is to first convince would be wife to be on your side always then all solutions can be tackeled jointly as and when if any "objections" comes, sitting before internet let us not be jury / judge and executioner all rolled into one.

 

 

 

1 Like

Rohan Shanbhag (Software Engineer)     02 August 2012

While going through other topics on this forum, I came across a topic in which a person said that unlike Hindu Marriage Act which allows marriage only between two Hindus, under the Christian Marriage Act, a Christian can get married to a non-Christian in a church. This can be done in one day following which the marriage can be registered the very next day.

 

Can you confirm this? And if yes, is it applicable even if the girl is a Christian and the boy is a Hindu?

 

Thanks in Advance.

Tajobsindia (Senior Partner )     02 August 2012

1. The Christian form of marriage between a Christian and a non-Christian is valid under the said Act but to solemnize such marriage a prior permission of the Bishop of the concerned denomination / church is required which usually is refused as the general rule for Christian Marriage is that both parties should be Christian by religion which is not so in your case and only in exceptional case the Bishop or the head of the Church allow such marriage being solemnized between a Christian and non Christian.


2. Yes. Certificate of Marriage is issued post valid marriage ceremonies by the Bishop / Head as they are authorised to do so by the State Govt.

 


3.
The Civil marriage between a Christian woman and a Hindu man under the Special Marriage Act,1954 is best way ahead based on facts before us.

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