Marriage validity

It is presumed that you are Hindu.  At the time of your marriage your wife age was below 18 years. So not possible to register it now, as the Hindu Marriage Act came into force from 1955.

Now show on record ( remarry in a temple for formality's sake) a marriage now, and get such a certificate if such a certificate is essential.

Thanks Mr Narayana, yes i am hindu so can not register but is marriage illegal. Girls minimum age per Sharada act 1929 was 15 years raised to 18 by ammendment in 1976. What about children born out of such mariage.

Is there a way to set things right to correct mistake committed by my parents 53 years ago.

Regards,

If bride or bride groom is under age, such marriage is prohibited and people trying to arrange such marriage can be prosecuted.

However, if such child marriage is complete in all respects as per the rituals, such marriage is valid. However, whether Registration Authorities shall accept this legal position and Register the marriage after such a long time 53 years, is a question.

Better approach the Registrar in the matter seeking his clarification. If they say no for Registration your marriage continues to be valid.

I just wonder why you wish to get your marriage registered now after more than five decades.

If it is essential after about 54 years, you and your wife shall go to a temple which is under government and request the EO to do a marriage under Hindu rites and customs.  After performing marriage now, they will issue a certificate.  Then you go to Registrar of marriage office, and get your marriage done.  Or make an application to intend marriage under Sec.16 of Special Marriage Act, 1954, consult local Sub Registrar to do registration of your marriage.  

There is no problem for you in legally registering your marriage which was solemnised 54 years ago under the Hindu marriage Act,

A valid marriage  occured in the past can be registered at any time later but the only thing is that you wll to pay a fine or late fee, if there is any as per the marriage registration rules in your state.

The minimum age required for bridegroom then was 15 years. It was made 18 only with effect from 1st October 1978 as per an amendment act.

The marriage age applicable to your marriage is the law in force when the solemnization of your marriage took place. The present day minimum age 18 for marriage cannot be made applicable to your case  which happened half a decade ago.

Even when it may appear as marriage is not valid legally in certain cases, the children are never treated as illegal children born out of the ritual arranged Wedding, when registration of marriage was not compulsory in the past.

As per the Hindu Marriage Act, if a marriage is solemnized and one of them or both parties are not of minimum age, the marriage becomes voidable but not void. It is voidable to the option of the party who is below the minimum age. 67 years passed and the party in the instant case has accepted the marriage even after attaining the majority. Therefore, the marriage is valid and the Registrar can consider Registering the marriage based on the verifiable facts.

Thanks experts. Your inputs will be possibly a big help.

Yes, the marriage has been valid in every respect. It could be registered in accordance with the extant norms.

Shri Rajasekharan,

Thanks for your helpful reply. I am now looking for documentary evidence to prove . All material on net shows minimum age for bride as 18 years and bridegroom 21 years, no where it is clearly shown that original Act set out these as 15 years and 18 years respectively, which was amended on 1-10-1978.  Local authorities only looking at amended Act and not accepting my plea. Going to court means end of life time.

Grateful if you can suggest resource where supporting documents may be available.

Best Regards,

SK Gupta

There are two ways:

one is search for "Hindu Marriage Act 1956" on Google and you will get a pdf copy of the act with footnotes under section 5. The amendment act was 2 of 1978. India Code is a definite site.

Another way is to purchase a copy of the act from a standard law publisher like Universal Law Publisher. The act provides about the amendment in the footnotes under Section 5.

If you send me an email or WhatsApp message on my phone or email obtainable from my profile I can send you a digital copy.

Still, whether it is acceptable to the  Registrar or even the court at the lover level is something very difficult to predict. That is the kind of situation we confront everywhere nowadays. 

If all your efforts fail, then file RTI Application to the concerned Ministry and seek a certified copy laid down procedure for registration of marriage  In several states, there are still responsible officials who accept that they are not aware of the procedure, either speak to senior or write to them for clarification/permission to oblige a citizen.

Yes, that is a good idea.

The law department of the government keeps every amendment in their file relating to each enactment.

You will have to take the pre-1978 version of the act.