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jaydeep (associate consultant)     04 December 2012

Hindu-christian marriage

 

Hello,
 
Last November’12, I got married to my girlfriend. I am Hindu and she is  Christian, and we tried to register our marriage in corporation but they said they don’t have authority to do inter religious, so we went for Bombay Marriage Act and again we got the same reply from them. We thought to go for Special Marriage Act but someone advised it will take long process.
 
Can anybody please guide the way where we can register our marriage smoothly and we can get the marriage certificate? Do my partner have to convert from Christian to Hindu?
 
Many thanks,
Jay


Learning

 8 Replies

Tajobsindia (Senior Partner )     04 December 2012

1. You were misguided by the marriage 'shops' that you approached it seems to me!

2. Your marriage without need to convert her or yours religion is to be done under Special Marriage Act.

3. Go to the Marriage Registration office located at Old Custom House, Colaba and seek from Authorities direct guidance instead of approaching marriage 'shops'.

The guidelines applicable in
Maharashtra
for marriages under Special Marriage Act are very clear;

A)   Marriages to be solemnized under special marriage Act. 1954

  1. How to apply : Applicant has to apply in the prescribed form. The age limit for Bridegroom 21 years and Bride is 18 years
  2. What Document to attach :
    • Bride and Bridegroom age proof ( Leaving Certificate or Passport or birth Certificate or Domicile Certificate or SSC Board Certificate)
    • Bride & Bridegroom residential proof ( Ration Card or Passport or Election card or Light bill and Telephone bill of own name)
    • Photograph of both Bride and Bridegroom
    • All above document along with original +1 attested Xerox copy
    • In case of Divorcees : Divorce Decree Certificate must be produced
    • In case of widow and widower : Municipal Death Certificate of concerned person must be produced

B)  Under S. 16 of Special Marriage Act 1954.

  1. Application to be made in the prescribed form duly signed by Husband & Wife
  2. Marriage should have taken any place in the India and both should be living together in Marriage Officer Jurisdiction
  3. Under U/s 16 of Special Marriage, Application should be given in 30 days advance.
  4. Residential proof of both should be attached with application

C)  Marriage Memorandum Under Maharashtra Regulation Marriage Bureaus and Registration of Marriages 1998

  1. Applicant has to submit the memorandum of marriage forms ( which are supplied in the office of Marriage officer Mumbai.) affixed with Rs. 100 court fee stamp
  2. Document to be attached :
    • Bride & Bridegroom Age proof: Leaving Certificate OR Passport OR Birth Certificate R Domicile Certificate OR PAN Card
    • Bride & Bridegroom Residential Proof : Ration Card OR Passport OR Election Card OR Light Bill and Telephone Bill of own name.
    • Three (3) Witness Proof :- Ration Card OR Passport OR Election Card OR Driving Licence OR Govt. Identity Card.
    • Wedding Card
    • In case of non availability of Wedding card Rs 100=00 Stamp Paper Affidavit of both husband wife and three witnesses is required
    • Rs. 100=00/- Court Fee Stamp
    • Photographs of both Bridegroom / Bride

Note :

 

  1. All above documents should be submitted along with Original + 1 Attested Xerox copy. The parties (Bride & groom) and Three witnesses to the marriage shall appear in person before the Registrar and sign and memorandum under section 6(B) of Maharashtra Marriage Act, 1998
  2. In case of Divorcees, Divorce Decree Certificate Must be produced
  3. In case of widow and widower Death Certificate of concerti person must produce. 

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     09 December 2012

Well adivsed by Tajobsindia 

So marry & be merry. 

jaydeep (associate consultant)     17 December 2012

Thank you very much Tejobsindia,

I belong to Gujarat, our wedding took place in Rajkot and the bride is in scotland right now, She has got foreign citizenship. Can we go for special marriage act in Gujarat too or any other place? Do you think any more documents required? How about the time duration it takes so i can call her in India.

Your answer is really helpful.

Thanks in Advance,

Jaydeep

Tajobsindia (Senior Partner )     21 December 2012

1. The main requirement (i.e. residency of one party) is 30 days previous to filing joint Application for Registration of Marriage where in reference to context you as one party is currently living is where the marriage under SMA is to be done at in reference to your second query then you should be currently living for 30 days in Rajkot and not Mumbai as earlier advised based on earlier query of yours. Marriage may take place in Chikmangalore but one party while attempting Registration under the Act has to be continously living in the Jurisdiction of the Chikmangalore Marriage Rregistrar's office is what the procedure is all about. If you are opting for Mumbai then 30 days prior to filing Application you should be living in Mumbai with having proof of residence as per earlier reply.

2. You can ship Application Form to your wife in Scotland and ask her to sign at dotted lines and ask her annex required documents the Form says which are required from her side to submit and then you can file received filled-in Form in local Marriage Registrars Office where from last 30 days you are continously living and having proof of residence and invite her to come few days before the date given by Registrar's Office for Registering Marriage under SMA of parties. If you are going to live for 30 days continuously priorr to filing in Mumbai then file in Mumbai and same way if you planning now to live at Rajkot for 30 days continuously priorr to filing in Rajkot then file at Rajkot.

Re-read above and remove further confusions as continous residency of one party is requirement in reference to context with having residency proof which may be true copy documents as mentioned in my first reply.

jaydeep (associate consultant)     23 January 2013

Hi,

 

Thank you very much for your reply, its really really helping me. Unfortunately I can not stay in Mumbai but in Rajkot as its my hometown. My wife is coming in Feb end so should we file an application now?


If you have Special Marriage Act form in digital format, could you please send it to me so i can send it to my wife and get it signed in a quick time, I would honestly be thankful to you.Also if you can list out the required documents which i can ask her to send over.

 

Again many thanks,

Jaydeep

Tajobsindia (Senior Partner )     23 January 2013

As per request specific Forms for Rajkot (Gujarat) in English and Gujarati are annexed in PDF formats for your review.

All the best.


Attached File : 835297170 gsma (english).pdf, 835297170 gsma (gujrati).pdf downloaded: 150 times

jaydeep (associate consultant)     24 January 2013

Thank you very much sir for your help,

 

I guess I can use this form to apply under SMA, right?

 

Thank you,

Jaydeep

Tajobsindia (Senior Partner )     24 January 2013

Originally posted by : jaydeep
  I guess I can use this form to apply under SMA, right?  


1.
Yes, I did not Format the Forms.
2. Your
Rajkot Municipal Council Official website has put these two Form so your State is now responsible for clearing your further doubts J J J 


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