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Is temple marriage valid when no documents are prepared


22-Jun-2023 (In Family Law)
My sister married in local Hindu Temple (no formalities& just they taken two photos) and next day informed in policy station. After marriage she realised and came back to our house (after 3days) by removing all. Now she is telling that the guy warned to kill ur father if you are not marry me. That's why I married. (we are not in a position to accept her story but my mother force we allowed her into home). Now my father planing to do her marriage with one of my relative (he knows all. He is loving my sister (one side love)). I have doubt whether we are doing correct? That marriage is valid as per law. (one more thing we are upper caste & that guy is SC) please advise me.
Answers (3)

Answer #1
818 votes
Dear Client,
As per your query when there is no evidence, except marriage photos it is not valid evidence of marriage. For valid marriage Hidnu rites and ceremonies is a must. Essential ceremonies like saptapadi the taking of seven steps by the bride and the bride-groom together before the nuptial fire and the performance of 'nuptial homa' are the two essential ceremonies of a Hindu marriage. The Hindu Marriage Act (HMA) regulates marriages between two Hindus in India. It lays down the following conditions for a valid marriage. Neither party should have a spouse living at the time of the marriage. The parties should be able to give free consent for the marriage. Parties should be of sound mind. The groom must be at least 21 years old. The bride must be at least 18. The parties should not be in a “prohibited’ relationship. E.g. aunts, cousins, uncles, etc. The parties should not be “Sapindas” of each other. So the marriage you have stated in your query is not valid in eye of law. So, even if the opposite party in future files any case on the basis of photos you must project your case by engaging an expert advocate, as that it is not valid marriage. Casts will not show any difference as both are governed by Hindu Marriage Act.

Answer #2
694 votes
If the parties to the marriage weremajor, and they accept the marriage it is valid. But if any one want to repudiate it after its performance. He/she shall approach the court for nullity of such marriage.
Answer #3
606 votes
Hi.That marriage is not valid but any photos evidence is not evidence witness is important that marriage. You remarriage is no problem but first discuss with sister. Other wise take to any steps. Photo

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