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  • Category: Indian Law

    Legal Marriage in India on paper


    Have a query about legality of marriage? Searching for detailed norms about the Hindu Marriage act? No worries, on this page our experts shall resolve your queries.

    I am pursuing study of law in first year, one of my friend had a query regarding his friend and want to know more about Indian marriage act

    My question is if boy is married to girl in Hindu ritual with out registering it but they have a child is it considered Legal. And if his wife is not willing to stay together, does the boy needs to take legal divorce before marring to some other girl'?

    They girl whom he married has one child but she is not legally married to him. They want to move on in life but they are confused whether they should go for legal separation or the boy can just do a legal wedding. Please help me answer this question.
  • Answers

    5 Answers found.
  • A marriage performed as per Hindu rituals, the marriage is legally valued and the same can be registered at any time. A printed wedding card and photographs taken at the time of wedding and witnesses has to go and they can get it registered. If the marriage was performed at a temple the ticket given there is a proof your marriage. So if they want to separate they have to go to court and get the divorce legally. Then only the boy or the girl can get married again.

    The girl has a boy but not officially get married. Now another boy can marry her if he has no objection and the girl also have no objection. There is no question of getting divorce when they are not officially married. So the boy can marry her and can get the marriage registered.

    These days the marriage registration is a must. But earlier days there is no rule that their marriage is to be registered. This has become mandatory these days only. My marriage or my father's marriage or my grandfather's marriage is also not registered.

    drrao
    always confident

  • In our country the legal marriageable age is 18 for the girls and 21 for the boys. I hope they have got married only after attaining that age. Have they got any proof of their marriage? Like an invitation card or photographs etc. Before legally going for divorce or separation one has to produce the marriage certificate or other such proof then only the process of separation is initiated.

    What I will suggest is that they should get first a marriage certificate in their names either through the usual procedure of registration or through a legal affidavit where they have to take an oath for that and sign it under the observation of a magistrate who will countersign it under his seal. After this formality only it will be advisable to legally initiate the separation procedure for which an application is to be given in the court. Usually court gives some time to reconsider and after that they can again approach court that they still want to separate on mutual basis and it will be allowed to do so.

    Please note that legal separation is required to be done and can not be just done on mutual verbal understanding because of the following facts -

    1. The division of property and the issue of financial sustaining of the wife after separation.
    2. Who will keep the children?
    3. After some time none of them should be able to lodge another case that he or she was expelled from the house or tortured. A mutual legal divorce will exclude such possibilities in future.
    4. After legal separation one is free to remarry with a partner of his or her choice.

    Knowledge is power.

  • In the earlier days, there was no necessity of registration of the marriage taking place between the couples of Hindu - community. Chanting mantras by the learned Pandit was enough for the final consent of marriage from the community. Of course, they had the printed wedding cards and the present of the guests to attend the marriage - ceremony.
    However, there has been reversal of that trend and even though arranged marriage has taken place in such a system, this needs to registered in the court in a document containing the signature of the couples and the same is to be countersigned by the Magistrate. Such a marriage certificate would be the indication of the legal marriage.
    In your case, you can negotiate the marriage with that girl having a male issue if she does not have any objection in accepting the marriage - proposal. In the event of separation after the legal marriage, divorce has to be procured through the court. Better involve a lawyer for the initiation of such a case. He would serve a legal notice seeking proper explanation from the opposite partner and the other formalities such as family - court to patch up the differences etc. If there is no positive yield out of such initiatives, finally divorce would be granted by the court.

  • Most of the Hindu marriages are arranged one and the marriage is performed in front of relatives, near and dear ones and also selected friends. That means every Hindu marriage is graced and held in front of an invited audience and there cannot be fooling or denying from either side. Nowadays even video, photography is also taken as proof of getting married and even the invitation card mentioned about their unison. And therefore Hindu marriages are never challenged in the court of law for the difference of opinion between the partners later in life. And as per my knowledge goes the community heads from both sides would discuss and settle the issues which were nagging between the wife and husband. So registering is not necessary.

    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • Thank you all for these answer, it has gained me lot of knowledge. Can you also share me any reference article number from Marriage act to read on this further.


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