- This topic has 8 replies, 3 voices, and was last updated 1 year, 5 months ago by
.
Viewing 2 reply threads
-
Posts
-
-
UMy partner and I (both Hindus) registered under the Special marriage Act and even got the marriage certificate. However, the embassy has pointed out that marriage was not legally concluded as we did not fulfill the legal requirement of section 5 from the special marriage act, i.e. residing in india for 30 days immediately after submitting the notice.
Does this make my marriage certificate invalid or do i need to request to the court to deem it as invalid?
Additionally, can i still register under hindu marriage act as we did all the ceremonies, is this legal since the 1st certificate is invalid or do i need an official confirmation for the first certificate to be invalid?
-
UIf you both are Hindus, there was no need to register your marriage under Spl. Marriage Act. About the compliance of sec 5 of the Act, it might create problem tbh but you can always prove your side by filling correct documents.
-
UThe issue is that the embassy no longer will consider this certificate as valid. We have only one option left that is to present a valid legal certificate and we can do so as we marry as per hindu traditions a year later. But can we reregister given that our marriage is already registered under the special marriage act but is now deemed to be invalid? Do we need some binding letter or judgement by court to also certify this as invalid?
-
UEither you can challenge their order/ communication before appropriate authority or you can apply for another certificate as per Hindu marriage act for the same date. As a lawyer I won’t comment furthermore, without reading the documents. And later is not suggested because it seems pretty serious paper work if citizenship or passport work is involved.
-
-
-
-
Uhave an Arya Samaj or a Gayatri Mandir or equivalent marriage done. It is under Hindu Marriage Act.
-
UWe already did have a hindu marriage with proper traditions a year later of our registered court marriage, my question is can we apply for a certificate under hindu marriage act given
1. We have already registered under special marriage act (but its considered invalid as per the embassy)
2. Or we need an official letter or something from someone stating the first certificate under special marriage act is invalid which is why we are now applying for the second marriage certificate under the hindu marriage act?-
Uyou can now freshly register under Hindu marriage Act. just be mindful that your official date of marriage may change. however, do retain all of your previous documentation of previous registration. I think a basic affidavit explaining the reasons of why you want to freshly register would suffice. You can attach the embassy response as the reason.
you would need a lawyer , but it not much of a complicated issue.
-
-
-
-
Viewing 2 reply threads