LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kunjal (Analyst)     25 October 2013

Court marriage without disclosing at home

Facts: I am planning to get married to my long time BF. Both of us are Hindu. Both of us are working professionals. Our families are not supporting us that is why we want to hide the marriage from them. I plan to stay with my parents even after the marriage unless both of us move out of state or out of country.

Through my internet search I came to know that under Special Marriage Act 1954 a gap of 30 days period kept between the date of Application and marriage. during this period a copy of application (or some communication) goes to girl's and boy's residence, communication also goes to local police Station. My questions are;

Questions

 1) Is there any way we can avoid sending any communication to our family and also to local police station. I fear if local police station gets any communication it will soon reach my parents.

2) If we get married through Arya Samaj Mandir and get the marriage registered under Hindu Marriage Act 1955, then in this case any copy/communication goes to our residence or police station? if yes, can it be avoided?

3) Is it possible to get marriage performed via arya Samaj MAndir and get it registered under Special Marriage Act 1954.

4) Since going abroad is also an option for us, can we face any problem if we get married under SMA 1954 or under HMA 1955?  I read few places that Special Marriage Act is prefered way to get visa relatively easier.

Hope to hear asap. Thank you in advance.

 



Learning

 9 Replies


(Guest)
Take time to think, no matter how serious your relation is, think before you get married. Once you tie the knot, its a whole new story and untying is a sh*tty thing which consumes lot of energy and money. Good luck with your marriage..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 October 2013

Dear Querist

no need to worry, go to temple, selomnized the marriage, get certificate from temple & apply for registration of marraige. special marriage act will not be applicable upon you because both of you are hindu.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 October 2013

The Indian culture celebrates marriage as a sacrament (Sanskara), a rite enabling two individuals to start their journey in life together. In a Hindu wedding, the multiplicity of creation becomes possible when spirit (Purush) unites with matter (Prakritti). The Hindu wedding lays emphasis on three essential values: happiness, harmony, and growth.Convince your parents for life better.


(Guest)

Questions

 1) Is there any way we can avoid sending any communication to our family and also to local police station. I fear if local police station gets any communication it will soon reach my parents.

 

Opinion: In court marriage police is not involved, all is that "the notice will be pasted on the notice board" , a time frame of 30 days for objection by others, the same copy will be posted on the corresponding address. If you change the corresponding address and mentioned that address in petition where your parents are not living,it might work for you.

 

2) If we get married through Arya Samaj Mandir and get the marriage registered under Hindu Marriage Act 1955, then in this case any copy/communication goes to our residence or police station? if yes, can it be avoided?

 

Opinion: No..it is matter of both spouse and they have to produce all proofs of marriage infront of marriage registrara,no communication goes to parents or police station.

 

3) Is it possible to get marriage performed via arya Samaj MAndir and get it registered under Special Marriage Act 1954.

 

Opinion: No.....Former is ruled by Hindu marriage as both party needs to be hindu, whereas in special marriage either spouse is of different religion.

 

4) Since going abroad is also an option for us, can we face any problem if we get married under SMA 1954 or under HMA 1955?  I read few places that Special Marriage Act is prefered way to get visa relatively easier.

 

Opinion: Where you have read such things...?

A valid marriage is necessary whether SMA,HMA,MMA or CMA.

Hope to hear asap. Thank you in advance.

Laxmi Kant Joshi (Advocate )     25 October 2013

1. You can't marriage under special marriage act because you both are hindu . 2. You can marry in the arya samaj mandir , they will issue a marriage certificate to you , get It registered in sub registrar office of your area . 3. Once again think with cool mind that what you are doing is right or ........,

Tinku Bhai (under law graduate)     25 October 2013

answer by learned lawyer Mr nadim is only solution in your case.

Kunjal (Analyst)     25 October 2013

Thank you all for your feedback and for your prompt reply.
What I meant on Visa part that, greater scrutiny is done in case of Hindu Marriage Act. Visa authorities look for photographs performing all the hindu marriage rituals, if couples are living together or not etc. In our case we are not going to stay together even after marriage. Since we will not have any backup proof like lengthy marriage album or proof for staying together ...i was thinking Special Marriage Act might be a better Option. DO you endorse the view?
If in case we go for Arya Samaj Marriage, the later on what is the process of registration un Hindu Marriage Act? Is there any chance of document coming to residence in this case too?

(Guest)

Ok...your view on lengthy procedure attached with HMA is genuine but you can't escape in this becuase you both are hindu and if SMA is done then it is not valid marriage.

 

Better go for Arya samaj marriage,ask two witnesses to be present,ready with snaps, take authority to give marriage certificate.

You both have to be present  infront of marriage registrar office, fill the form and attach the proof of marriage,Give the accord......and ask the registrar when to come again for MRC.

He will confirm you the date, again approach the same place,have a talk,collect the MRC ,say thanks to him.....then happily depart.

 

regards.

Sreenivasa Rao. S. (Business)     26 October 2013

Go to Arya Samaj, getting married at Arya Samaj is the only way to come out of the problem. After marriage you inform either side parents.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register