Which law applies to marriage done by two inter religion people
11-May-2023 (In Documentation Law)
I belong to Sikh religion and my husband belongs to Hindu which act will be applied? my marriage took place according to Hindu religion. Second problem is in documents age of my husband is less than 21 so he do I go for marriage certificate, I need that urgently for visa purpose? I have Arya samaj mandir certificate
Hindu marriage act will be applicable in this marriage, but age bellow 21 at the time of marriage for boy is in legal..
The Special Marriage Act shall be applicable in order to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party.
There are three major objectives:
1. To provide a special form of marriage in certain cases,
2. to provide for registration of certain marriages and,
3. to provide for divorce.
• Any person can marry under this act irrespective of religion.
• Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special
Marriage Act, 1954
• Inter-religion marriages are performed under this Act.
• This Act is applicable to the entire territory of India (excluding the state of Jammu and Kashmir) and extends to
intending spouses who are both Indian nationals living abroad.
• The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in
which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately
preceding the date on which such notice is given.
• After the expiration of thirty days from the date on which notice of an intended marriage has been published, the
marriage may be solemnized, unless it has been objected to by any person.
• The marriage may be solemnized at the specified Marriage Office.
• Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be my lawful wife (or husband),"
in the presence of the Marriage Officer and three witnesses.
• Each party involved should have no other subsisting valid marriage. In other words, the resulting marriage should be
monogamous for both parties.
• The groom must be at least 21 years old; the bride must be at least 18 years old.
• The parties should be competent in regards to their mental capacity to the extent that they are able to give valid
consent for the marriage.
• The parties should not fall within the degree of prohibited relationship.
There are three major objectives:
1. To provide a special form of marriage in certain cases,
2. to provide for registration of certain marriages and,
3. to provide for divorce.
• Any person can marry under this act irrespective of religion.
• Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special
Marriage Act, 1954
• Inter-religion marriages are performed under this Act.
• This Act is applicable to the entire territory of India (excluding the state of Jammu and Kashmir) and extends to
intending spouses who are both Indian nationals living abroad.
• The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in
which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately
preceding the date on which such notice is given.
• After the expiration of thirty days from the date on which notice of an intended marriage has been published, the
marriage may be solemnized, unless it has been objected to by any person.
• The marriage may be solemnized at the specified Marriage Office.
• Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be my lawful wife (or husband),"
in the presence of the Marriage Officer and three witnesses.
• Each party involved should have no other subsisting valid marriage. In other words, the resulting marriage should be
monogamous for both parties.
• The groom must be at least 21 years old; the bride must be at least 18 years old.
• The parties should be competent in regards to their mental capacity to the extent that they are able to give valid
consent for the marriage.
• The parties should not fall within the degree of prohibited relationship.
Your marriage was performed as per Hindu Customs so u may be registered under Hindu marriage act 1956. 2. As per Act groom should be 21 and u had already furnished a affidavit at Aruna saman mandir stayed that he has attained 21 years of age. Your marriage is void. Contact lawyer accordingly
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