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Rajeev Kumar (Professioanl Social worker)     25 November 2009

involvement of family member in court marriage

Dear All

My two friend both are 30 years old, unmarried wanted to solemized thier marriage under special marriage act.  they are staying in different city. they  don't  want to inform thier family members as they will creat obstruction.

as per marriage procedure the letter from marriage office will be sent to thier home; means verfication will be done .

and  their family member will be get to know their marriage.

here my  query is that :

1.  whether there is some solution, that none of  family member could know  about their marriage?

2. whether verification of permanent address is  compulsary?

 

please reply.

Thanks

 



Learning

 9 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 November 2009

1. Therre is no way in special marriage act to perform marriage without the kowledge to the family of the person desiring to register their marriage.

 

2. The verification of their address is compulsory.

Hardik Mehta (Family Counsellor)     27 November 2009

Ideally yes, but there is some HC judgement which states that the notice should not be send to the address. I'll see and get hold of that judgement. If you give that judgement, then the notice may not be send to the address.

If the documents are proper, like passport or ration card, then the verification of the address does not take place.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     27 November 2009

 

 

You may contact us we have specialization in such type of marriages.

1 Like

Rajeev Kumar (Professioanl Social worker)     27 November 2009

Hardik Ji

I am grateful to you. your reply is really relieving to my friends. I will really appreciate, if you attach the copy of those HC judgements. my friends have the passport that show the address where they are staying  not of thier permanent  paternal home.

in such case , they might prevent problem from thier family members.

if you cant give us copy of those HC judgements then please give us the reference

warm regards

Rajeev Kumar (Professioanl Social worker)     27 November 2009

kamal  ji.

as you know that this forum is made for sharing legal information. therefore , if you can,  then  contribute here in this forum only.

please don't encourage anyone to contact personally, untill anyone ask to you.

Thanks 

Suriyadeepan N (PA)     29 November 2009

Kamal,

I have mailed you regarding my situation and information you asked.

Suriyadeepan N

 

Hardik Mehta (Family Counsellor)     30 November 2009

Rajeev,

Please see the following link for the news. https://www.indianexpress.com/news/can-marry-without-prior-notice-sent-to-pare/449221/ 

You can contact www.dhanak.org.in for the judgement.

Rajeev Kumar (Professioanl Social worker)     04 December 2009

Hardik ji

I have  studied the link given by you. the Delhi HC decision is remarkable. but I am failed to get the copy of that decision.

secondely some people says that Decision of Delhi HC is applicable only in Delhi.

please give your comment on it.

thirdly is there any supreme court decision on non-involvement of parents in court marriage under special marriage act?

my friends have the passport and voter ID  that doesn't mention the address of their permanent address.  if they attach the copy of thier passport and voter id , then thier problem may solve?

please reply

Thanks

K. Rajendra Prakash (Advocate)     05 December 2009

I agree with Mr. Rajkumar Makkad.


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