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Shailinder (Service)     19 March 2010

Special marriage act - Christan got married to Hindu

I am Christen by birth and got married to a Hindu girl in 2002 with all Hindu rituals and in presence of all family members and friends from both the sides. We have two kids and now want our marriage to be registered under the special marriage act. You are requested to confirm who should be approach and what would be the exact procedure to get this marriage registered. Since marriage we are residing in Dwarka, Delhi (7+ years).



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 27 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

when you got married in conventional hindu marriage system, the marriage already attracts the hindu marriage act. you may get the marriage registered under the hindu marriage act sec 8.

8. Registration of Hindu marriages.

 

(1)  For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any of such marriage may have the particulars relating to their marriage      entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage       Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section      (1), the State Government may, if it is of opinion       that it is necessary or expedient so to do, provide        that the entering of the particulars referred to in sub-       section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as        may be specified, and where any such direction has   been issued, any person contravening any rule made   in this behalf shall be punishable with fine which may      extend to twenty-five rupees.

(3) All rules made under this section shall be laid before    the State Legislature, as soon as may be, after they    are made.

(4)  The Hindu Marriage Register shall at all reasonable      times be open for inspection, and shall be admissible       as evidence of the statements therein contained and certified extracts there from shall, on application, be   given by the Registrar on payment to him of the   prescribed fee.

(5) Notwithstanding anything contained In this section,    the validity of any Hindu marriage shall in no way be affected by the omission to Make the entry,

Shailinder (Service)     19 March 2010

Dear Mr. Gupta,

I agree with your point but i am not a Hindu nor converted to Hinduism. Thus our marriage has to register under special marriage act (that is what i feel). Moreover, our marriage took place in 2002 and now we are in 2010. So can i still register this marriage ? Is there any time lines for registration ?

Thanks for sharing the information but can it be little simified (request).

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

do not go on special marriage act . it will create the matter critical.

actually you should solemnized your marriage under the special marriage act, which allows marriage between beliver of two diffrent  religion. but as you already gone through the hindu marriage, which seems that before marriage you changed your religion. otherwise this marriage will be invalid. because the hindu marriage act can marry only between two hindus. now the marriage already perfomed. if you again get it registered under the special marriage act - it will create the matter critical.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

yes you can under hma.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

no time limit given for hma

Manish Singh (Advocate)     19 March 2010

you can not get it registered under the hindu laws. you should approach the special marriage act registrar.

Shailinder (Service)     19 March 2010

Ok.

Let us say that i change my religon now and get it registered. What is the process of changing the religon or converting from Christan to Hindu.

Shailinder (Service)     19 March 2010

Dear Mr. Singh,

I am ready but do not know the process. Moreover, i am keen to know whether there would be an issue as i have two kids and marriage took place in 2002. Be it HMA or SMA, would they at any point consider the actual marriage date and consider my kids legitimate

Manish Singh (Advocate)     19 March 2010

just dont worry. there will not be any hindrance to gt it registered under the speacial m. act. ill provide u the info in detail later since i m going a bit busy now. just mesg me your email id and ill send you the details.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

go to arya samaj mandir for the purpose of conversion. they do it , which is legal.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

in fact , conversion is not necessary here, as because you already gone through a hindu marriage, you will be considered as hindu.

Manish Singh (Advocate)     19 March 2010

Dear Mr. Korba,

under HMA, the marriage to be valid must be held between two hindus only and it can not take place between persons of different religion.

so the remedy left with them is to get it registered under the SMA which is enacted for the sole purposes of the said dilemmas only.

Shailinder (Service)     19 March 2010

I kind of confused here. One says HMA and another one says SMA.

Manish Singh (Advocate)     19 March 2010

Dear Mr. Shailinder,

its upto you to believe any of the opinion which you find more genuine. as per me, your marriage can never be registered under the HMA. it can only get registered under the SMA. if you had married under the Christian marriage act, the same would have been completely valid and lawful and would ve been registered too at the time of marriage itself.


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