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Author Topic: Registration of marriage celebrated in other forms under the Special Marriage Ac  (Read 445 times)

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Offline eva

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Hello,
my husband (Indian; Hindu) and me (German; Christian) performed a Hindu Celebration and registered our wedding afterwards under the SMA Section 16 (celebrated in other forms) in 2012. The German Embassy however claims now that our marriage is void because a Hindu wedding between a Christian and a Hindu is not allowed and therefore the registration of that performance is void as well. As I understand the Section 15 of the SMA, any marriage can be registered under the SMA regardless of the form in which it has taken place?
Thank you very much for your help.

Offline advjaibansal

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Dear Eva,

To the extent you are right but the marriage performed by you is under Hindu Marriage Act, which can be only solemnised under Hindu Marriage Act between two hindus. Hence without conversion of religion you cannot perform hindu marriage. Hence you cannot register your marriage under special marriage act. A christian and Hindu can perform their marriage in church as per the church rules but you cannot perform under hindu marriage act unless you convert to Hindu.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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You should have celebrated the marriage after its registration. Now you have only option to suppress the marriage celebration prior to its registration. As under special marriage act, marriage celebration is not required . Registration under SMA, itself solemnized your marriage.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

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Dear Sir,

The best option with you is not to disclose the hindu marriage and only show the special marriage certificate. I hope this will complete your purpose.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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