Legal Question in Family Law in India
A..Both Couple Hindu, Age above 21 years from West Bengal, having excellent job in Telangana, got married as social custom. In West Bengal. Now they want to get it registered.
But confusion is that Under which act Either Hindu Marriage Act or Special Marriage Act u/s 15 / 16 they should go in Pretext of
(Plz. Put Either ‘No Difference’ Or Explain the Difference, If any)
1.HUF / Income Tax HUF u/s 19 of
2. Adoption
3. Rights of Husband / wife on adopted child in case of Separation / Divorce
4. Legal Separation
5. Maintenance to Husband / Wife-Alimony
6. Compensation to Husband / Wife
7. Divorce, Matual Consent Divorce
8. Registration null / Invalid & void in context of challenge of Social Marriage as Null & Void
9. Withdraw of Divorce case
Remarrying – No Difference as Permissible in Both Act after
valid Divorce
10. Parental / Maternal Side Custody / Guardianship
11. Parents / Parents in low Class-I or II Relative & in Which Context
12. After Divorce Inheritance / Ancestor Properties to Grand Child in case of child in custody of mother
13. After Divorce Husband / Wife Estate devolution / devolvement
14. Dissolution of Hindu Maiage-Customary Divorce out of Court by Matual Consent under Prospective inactment of Marriage & Divorce Regn. Act / Hindu Marriage Act
15. Succession (Hindu Succession Vs Guardianship & Wards Act)
Other Family Matters
B-1. Which above Matters / Points are Pro-Husband, Pro-Wife & Pro-Parents
2. Which act Hindu Marriage or Special Marriage is Dubious & Averse And How
3. Which act Hindu or Special have more weight
4. Which act Hindu or Special is Pro Wife / Husband / Parent- in lows
5. Under which act Hindu or Special
-The Marriage can easily be annulled / cancelled
- The Marriage may easily be Null & Void / Invalid
6. Necessity of Personal Appearance of Husband & Wife before Hindu Registrar
C. In Special Marriage(Post Marriage) u/s 15
1.Same Community mean within same religion or cast like Bengali, Oriya, Gujrati, Rajasthani etc.
2. After Registration Whether Husband or Wife may change Religion
3. Can Husband continue be Member of Father HUF for I.Tax Purpose as per u/s 19
4. Can Couple after 1 child do form a HUF for I.Tax Purpose
5. Can Wife’s Permanent Address as Husband Present Address i.e. Living together Document be as follows :
Letter received by Post
Post Paid Mobile Bill
Current Credit Card Statement
Councilor Certificate
Magisterial / Notary Affidavit
Joint Bank A/c Passbook
D. Husband have SS+HS Cert.,Voter, Aadhar, Ration, PAN from W.B. & Gas, Passport from Telangana While Wife have all Documents from W.B. & Parents of Both Permanently in W.B. The couple during marriage have stayed in W.B. max. for 10 days & visit W.B. twice in a year for a short while. If Husband show his Present & Permanent Address as per Voter / Aadhar, whether Marriage certificate from W.B. will not be Null & Void
Where They should get registered – West Bengal or Telangana or Either
P.S.: PLZ. ANSWER IN NON-LEGAL / SIMPLE LANGUAGE &
POINTWISE
1 Answer from Attorneys
The marriage should be registered under Hindu Marriage Act. The procedure of marriage under Special Marriage Act is different which was not followed in your case.
The place of marriage registration should be: the place where marriage ceremonies took place.
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