Live in relation and special marriage act

Originally posted by : Sandeep
	They need not mention about their child and application for registration under Special Marriage Act.

Thanks Sandeep.

There is no column in the application for child details hence dont be bothered about it. The child is different subject to the marriage being proposed to take place.

They can opt for marriage under special marriage act without a second thought.

Thank You Mr kalai sevalan and Mr devalla.They applied.

Now waiting for next month so that they can go and get it done.:)

Hello All.

My friends went to register under the Special Marriage Act. 

They had all the required documents with them. They had to take the child along with them as there is no one else to take care of baby.

The Sub registrar refused to sign their form and accept it. He kept saying that because the child is illegitimate, this marriage wouldn't happen. He kept repeating it like tape- recorder.

When finally I went in and asked why not. His standard answer was that, because the child is illegitimate. I was a little angry and had to finally ask him, if he is saying that the law doesn;t allow such marriages, coz as far as I knew, it is allowed. They weren't doing anything illegal.

Then, he says the same thing. Later he advises my friends that the girl should convert and get married by a 'Qaazi' as per Muslim Law so that they can make the child legitimate.

I found it a little too amusing and I had to ask him again, if HE didnt want to help in marrying the couple? Is he saying that or is he trying to say that the Act doesnt allow.

When I said that, he asked the bride to be - about the illegitimacy of the child, and the bride replied that- how does it even matter, she is okay with that fact.

The sub registrat then said. This time in Hindi- that- If a lady is pregnant or if the couple is with a child, they don't allow such marriages because the child is illegitimate . 

Anyway. Finally, when my friends and I started questioning the sub registrar about the law, he stayed quiet and signed the form and accepted it. Gave the receipt. He also said that the couple can come after a month to exchange vows.

All this while, the clerks in the office were creating a scene and trying to advice the registrar that he should enquire about the child and he should accept. Blah Blah.

Just, FYI - the child is theirs- They have all the proof under the sun for that including hospital discharge papers, ante- natal checkups and birth certificates.

I feel, the sub registrar is trying to get a bribe or may be create difficulties for the couple when they go after 30 days.

What do you all suggest?

Is there a lawyer in Hyderabad who they can contact who can help them?

Please Help . Thanks

@Queryist: The registrar has got no authority to question about the child or its legitimacy.  He is bound to go by the procedures as pe law. If he is crating unnecessary problem on the child issue, ask him to give in writing that he cannot go ahead with the registration of marriage under special marriage ct just because the couple had begotten a child before their marriage.  He is operating beyond law without any authority to do so. The matter can be escalated to the Deputy IG Registration or even IG Registration mentioning the entire episode along with the office staff cited as witness besides your own witnesses.  You may also request an advocate to accompany you so that he can argue on that matter.  The behavior of the registrar is the height of stupidity.  If he expecting bribe, accept it and trap him with a petition to the DVAC department. 

Thank You Sir - ( Mr T. KalaiSelvan) I would suggest that to them - as you mentioned. Ill ask them to look for a lawyer as well.

:)

Hello All.

Could someone suggest an Open Minded lawyer for my friend. In Hyderabad/ Secunderabd to pursue to above matter. I understand our society is prolly narrow minded ( in my eyes) and we are all entitled to our thoughts and beliefs. However, it would make matters easier to deal if the lawyer and my friends are on the same page.. 

Any help would be appreciated.   TIA