LawRato

Is registration or performing of a marriage ceremony necessary?


04-Mar-2023 (In Divorce Law)
I am Hindu Age 52. The lady in question is an orthodox Roman Catholic age 51. 9 years back we had a small function at her place thereafter we lived together for two years then got estranged. We didn't document our marriage nor did court marriage. Therefore cud that relationship or that function be treated as marriage?
Answers (4)

Answer #1
691 votes
Hai
Its an interesting query. It is twisted with with law. Actually wat the law states is that its nt a valid marriage and no need to register n hence no need to cancel the same as not bound by law. But there arises some other rights for her since she resided with u. Since ur query seems u r only worried about the validity of marriagemy reply is tat u need not worry about it cuz its not legally binding n recognised by law.
Hope am upto ur query
Answer #2
843 votes
No, unless it is registered as per the Special Marriage Act , the said marriage is not valid in the eye of law.
The parties will not get the status of Husband and wife you can live together as husband and wife.
Answer #3
897 votes
You are a Hindu and your wife is Orthodox Christian . Since both of you are from the different community your marriage must be registered as per the Special Marriage Act. The marriage other than this cannot be considered as the valid marriage
Answer #4
977 votes
Your living status never considered to be Married.Marriage is a sacred or contractual relationship in India. Marriage, as its legal consequences, entitles both the persons to cohabit; the children born out of a legal wedlock have legitimacy as legal heir; the wife is entitled to maintenance during and after the dissolution of marriage. It is a living arrangement. A living arrangement in which an unmarried couple lives together under the same roof in a long term relationship that resembles a marriage is known as a live- in-relationship. Live in relation which can also be referred to as cohabitation, in essence, is an arrangement whereby two people agree to live together on a permanent or long term basis in a sexually and/or emotionally intimate relationship. The Court said that a man and a woman can live together as per their wish even without getting married. It further said that it may be immoral for the society but is not illegal.

Both are belongs to different religion, so getting valid marriage you should married under Special Marriage Act, 1954.Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."