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Vaibhav Rai   15 May 2021

Special Marriage Act in Chhattisgarh (2021)

I am from Durg, Chhattisgarh and my wife to be lives in Delhi-NCR.

Now, She cannot tell her parents that she's getting married to me which is why she and me do not want our information to be displayed in any public forum (provision of section 5, SMA 1954). Now, I read about the Allahabad High court ruling of Safiya Sultana vs State of UP (16907 of 2020) where high court made this provision ( section 5 of SMA, 1954) optional. Now, since this ruling is of high court, it applies only in UP and not Chhattisgarh or Delhi or anywhere else in India. So, I had a thought that if we both travel to UP and apply for marriage there.. Will be able to get married there without letting her parents know or not?


Learning

 2 Replies

aditi srivastava   15 May 2021

respected sir

If you're intending to keep the marriage a secret then you can get married under the Arya Samaj rituals. It is valid under the Arya Samaj Validation Act 1937. You only need someone as a witness.

Also validity of any marriage depends upon the customary rituals performed during it. Saptapadi, where bride and groom take seven steps around the holy fire is a sufficient proof including the photographs of the marriage. However, mere manglasutra and vermillion are not enough for a valid marriage. It should be performed in the form of Shastric Hindu Law and proven as a custom.

regards

Vaibhav Rai   15 May 2021

Thanks for the reply aditi.. I did consider that.. but my "to be' cannot marry me in arya samaj as she cannot take the rights of her mother and father to perform rituals of her away for them.. She has rejected the Hindu marriage Act because of this reason.. that's why only special marriage act..

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