Legal Question in Family Law in India
Marriage registration under special marriage act
Dear Sir,
I am Sam age 30, Christian, married to a hindu girl age 29 belong to same community long back 26th 2001. The marriage was solemnized by our parents not by any rituals or customs. Now I wish to register the marriage under special marriage act. When I approached Tambaram, Chennai sub registration office a year back I was told by the registrar that he cant registrar as the marriage was already solemnized.
But the legal websites suggest that the registration is possible, I need your help and advice how to go about the issue and make my wife's rights established. I have all invitation and video recording of marriage in the case i would produce them as evidences.
Your response would be appreciated,
6 Answers from Attorneys
Re: Marriage registration under special marriage act
it permissible to register the factum of marriage with the sub-registrar. Where you are working ? If you furnish the correct address you can be advised properly
Re: Marriage registration under special marriage act
The concerned Sub-Registration office has rightly refused to register your marriage because they have the power to registered the marriage of Hindu which also include sikh, jains and budhdisth
Re: Marriage registration under special marriage act
Registeration should be allowed. If the authorities are refusing, obtain a written order of refusal. The order of refusal can be challenged in appeal.
Re: Marriage registration under special marriage act
as per the details given you have a right to get the marriage registered and you need to apply to the marriage officer of your district.
he will issue a notice of the marriage application and in case no objection is rcd in 30 days he then shall register the marriage.
on refusal take the written refusal and appeal to district court within 30 days.
Re: Marriage registration under special marriage act
I think you have already soleminzed the marriage than you have a right to get it registered under special marriage act and registrar has no right to refuse the same except on the ground of delay but for the condonation delay you may move to distict magistate as he has a power to condone the delay beyond the period of 5 years because the registration of the already performed marriage is 30 days. If the office of the sub registrar is refuseing on other ground than you may challenged to the higher authority
Re: Marriage registration under special marriage act
you may get the marriage registered by comleting the necessary papers.Registrar has no right to refuse. Consult a lawyer and go ahead.
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