boy & girl both married r living abroad.However they parents are in india.Can the directions be issued from the court that the marriage be registered without their presence.what is the procedure
anuradha goyal (member) 09 November 2011
boy & girl both married r living abroad.However they parents are in india.Can the directions be issued from the court that the marriage be registered without their presence.what is the procedure
Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 10 November 2011
Dear Querist,
You may note that a marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under the Special Marriage Act, 1954.
It may also be noted that a 30-day Notice is issued in the matter, if the parties apply for registration of their marriage. Theerafter, verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, alongwith a Gazetted Officer who attended their marriage, need to be present before the loacl ADM.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of
Rajeev Kumar (Lawyer/Advocate) 10 November 2011
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 10 November 2011
The marriage can not be registered in the absence of the parties.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com