Indian citizens residing in us trying to get their marriage

if u marry as per hindu customs, u just need to register the marriage. 

in case of civil (registered) marriage, 1 month notice is required - no such constrain exists for customary hindu marriage.

I will be marrying as per hindu customs and then register the marriage. But the marriage resgistrars tell me that i need to give 1 month notice and then only i can get it registered. Is it required as per Hindu Marriage Act also?

no

8.         Registration of Hindu marriages

(1)       For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage, may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be  prescribed in a Hindu Marriage Register kept for the purpose.

(2)       Notwithstanding anything contained in sub section(1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars refereed to in sub-section (1)shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule  made in this behalf shall be punishable with fine which may extend to twenty five rupees.

(3)       All rules made under this section shall be laid before the  State Legislature, as soon as may be, after they are made.

(4)       The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5)       Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

 @ Author

1. The Marriage Registrar whom you might have contacted might have told Notice period for Special Marriage Act as the Cabinet’s recent Amendment did not consider reducing Notice period date in Special marriage Act !

2. If you and your finance are both Hindus’ and going to get married according to Hindu customary marriage i.e. under Hindu Marriage Act, 1955, then you can get your Hindu Marriage Registered under S. 8 of the Hindu Marriage Act, 1955 by the Registrar of Marriages in the District / Tehsildar / SDM Office as the case may be under whose Jurisdiction you are getting married and usually reside.


3. For registration MArriage under HMA (The Act in short) all you require is proof of your marriage (photographs, wedding card and certificate of priest / temple), proof of age of both, proof of residence and two adult witnesses for this purpose.


4. For the Application for the Registration of Marriage two passport size photographs of the parties, identity proof of witnesses, affidavits of both spouse with regard to the marriage & status of both are the usual documents required for this purpose. The Registration fee (which recently got revised from Rs. 480/- to Rs. 500/-) and other charges (Fees for True Copy of Marriage Certificate for your records) incurred for the job along with lawyer's fee whom you engage for this job is all that are taken to get Registration of a Hindu Marriage in West Bengal.


5. This above first stage process take just 1 - 2 days time and you are issued the valid Marriage Certificate after the Registration of your Hindu Marriage. Now as per the new Rules, 2010 approved by W.B. State Cabinet on 22^nd. May 2010 all marriage Certificate carries pics. of both spouse as well as the Cabinet also agreed to Amend the Rules of the Hindu Marriage Act by reducing the notice period, thereby enabling the grooms settled abroad or in other states to get married within 7 days instead of earlier 15 days waiting period. In my opinion right from 2009 there was never 30 days Notified period ever contemplated by the State Cabinet ! I wonder from where this rumor / miss-information aired !

If you are interested to read down the Amended Rules 2010 which carries the fees structure as well as various Forms then do let me know I can provide one PDF copy.


Hope the recent Amendment, 2010 validating reduced Notice period falls within your time line now J

Congrats and all the best. 


[BTW Feb. is nicer period weather wise for Kolkatta weddings as my friends there tells me J]  

:-) No reason to differ with Tajobs.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com