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Sherin (Home Maker)     07 February 2016

Marriage regn confusion

In 2008, my friend got married under Chritian Marriage Act. She was a Christian, her husband was a Hindu ... so Hindu Marriage Act Regn was not possible. 

Now, she wanted to change her Sur Name to her husband's instead of father's. They're saying the marriage should be registered under Special Marriage Act for that! Why? 

So, what options does she have now? Should she re-register the marriage under special marriage act, or will be a fresh registration??

 

Thanks a lot!



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     07 February 2016

 

Why the marriage under the Christian Marriage Act between the Christian and Hindu need another registration for changing sur name by the wife? Which law says that in order to change ones sur name the wife has to get permission of any authority? The simple newspaper publication in two national newspaper is good enough for changing the sur name along with the required affidavit that the Passport authorities ask for adding spouse name and changing sur name of wife to that of husband in the passport records, with such new sur name government record you can move ahead and get necessary changes made at other places.

Otherwise the Christian Marriage between a Hindu and Christian under the Indian Christian Marriage Act,1872 is valid and can further be registered under the Special Marriage Act,1954 if the parties so desire that it entirely their prerogative.

Sherin (Home Maker)     07 February 2016

For passport they said Notary is fine ... so she's done that ...

But for changing name in certificates (Unverstity for Grad Certificate) / documents ... Gazzette form is required right?

In Gazette they said either husband's name should be changed to a Christian name and then she can apply for name change ... or if you don't want to change the name in all the documents for husband, the marriage can be re-reg under Spl Marriage Act. So this confusion :(

ANAMIKA VICHARE (LAWYER)     07 February 2016

Mrriage Regnunder Special Marriage Ac t is amust, good for every official transactions

 

ANAMIKA VICHARE (LAWYER)     07 February 2016

Mrriage Regnunder Special Marriage Ac t is amust, good for every official transactions

 


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