nirtrian@yahoo.com (nirtrian@yahoo.com) 17 August 2011

Legal definition of 3 calendar months

We have made a marriage applicaiton under special marriage act 1954. As per Goverment of India website it says that marriage should be solemnized within 3 calendar months. Now, I had applied on June 15. Then shouldn't the 3 months be counted finished on September 15? Or it is after 90days, and should finish on 12 as August and July has 31 days? Please help with proof as I get mixed reply from various people and am denied my desired marriage date on ground of calling 3 calendar months a 90 day limit.

Thanks.

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9 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 August 2011

3 Calender Months means THREE MONTHS OF THE CALENDER, irrespective of days in the calender.

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nirtrian@yahoo.com (nirtrian@yahoo.com) 18 August 2011

Thanks for a reply. Though not totally clear yet. Does it mean 90 days? or 15June to 15Sep? Thanks.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 August 2011

15th Sept. PERIOD

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Adv. Chandrasekhar (Advocate) 18 August 2011

I agree with Shonee Kapoor. Calender Month is defined in General Clauses Act.

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Ajoy Gupta (Advocate) 18 August 2011

Kindly calculate 90 days from date of application. It wil be 12 th September, not 15th. Donot get confused. It is 90 days from date of application.

Ravikant Soni (LAWYER IN JAIPUR) 18 August 2011

These ends on 15 sept.

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SANJEEV KUMAR (STUDENT) 18 August 2011

as per General Clauses Act:

35. "Month" shall mean a month reckoned according to the British calendar.

The third month expires on 14 sep.

sanjeev

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nirtrian@yahoo.com (nirtrian@yahoo.com) 18 August 2011

Now, if the marriage registrar office deny solemsnization of marriage on the grounds of 90 day argument as Ajoy did, how do we gets our right to marry in three calendar months protected? can we mention General Clause Act 35 and ask for his written disapproval? He showed us some type written letter says he has instructions of counting 90 days and not three calendar months. Is there a legal judement on special marriage act stating to solemnize marriage in 90 days after the date of applicaiton? What is our way out? Thanks for all posts.