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Roberta Said:
Can police do anything?We Answered:
If U have the Proof that U and she was Major it was enough for U R Marriage police cant interupt in U R marriage as both are Major under the Indian law if a person is major i.e., If a boy or Girl attains 18yrs of age then they are free they can take there own decision and parents cannot interfere in there life so If U have age proof for that she was an major then it wont be a problem and police cannot do anything. Yes its good to get a certificate from the Doctor that she was mentally fit as they can use this as one of the weapon against U but that doctor should support U when there is an enquiry about this was done U have to prove that she was mentally fit and she was major this was enough no need for Doctor certificate as doctors may be paid to lie.Special Marriage 1954 supports U
The parties to a marriage have to be consenting adults i.e. the Bridegroom should be over 21 years and bride over 18 years. The parties should be unmarried and within the degrees of a prohibited relationship. Financial status, caste and religion of either party does not matter.
Things required for Registration
Q. We are planning a Registered Marriage in 2 months. How do we start the formailities?
You have to file an application before the Registrar of marriages in your district (where either one of you has resided for a period not less than 30 days). This application is placed at the notice board of the Registrar's office and objections, if any, are invited. If no objection is received within 30 days, the marriage may be solemnized under the Special Marriage Act 1954.
Q. How many witnesses are required to register a marriage,? What all documents have to be produced?
3 witnesses at the office of the marriage registrar on the date of solemnizing (both of bride and groom can produce the same witnesses).
The documents required are
a) Proof of age
b) Proof of residence
c) 2 passport size photographs
The other possible ways the father Can use against U are the following acts. As she is a muslim just search the act regarding muslim to confirm weather she is major or not.
And the Protection of Women from Domestic Violence Act 2005 defines a child as any person below the age of 18, and includes an adopted step- or foster child.
If that girl is minor as per the above definition U cannot marry her.
For purposes of protection against kidnapping, abduction and related offences, it’s 16 years for boys and 18 for girls.
Then as per above Rule it was Kidnapping, Abduction and related offence U have did.
For Marriages please follow the Child Marriage Restraint Act, 1929
Who is Major
Age of Majority act 1875
Under the Age of Majority Act 1875, every person domiciled in India shall attain the age of majority on completion of 18 years and not before. The Indian Majority Act was enacted in order to bring uniformity in the applicability of laws to persons of different religions. Unless a particular personal law specifies otherwise, every person domiciled in India is deemed to have attained majority upon completion of 18 years of age. However, in the case of a minor for whose person or property, or both, a guardian has been appointed or declared by any court of justice before the age of 18 years, and in case of every minor the superintendence of whose property has been assumed by the Court of Wards, age of majority will be 21 years and not 18.
Act Governing Various Religion
Hindu Minority and Guardianship Act (HMGA), 1956
The Hindu Minority and Guardianship Act (HMGA), 1956, in Section 4 (a), defines a ‘minor’ as a person who has not completed the age of 18 years.
Dissolution of Muslim Marriages Act, 1939
The age of majority for the purposes of appointment of guardians of person and property of minors, according to the Dissolution of Muslim Marriages Act, 1939, is also completion of 18 years.
No seperate Act for Christians
Christians and Parsis also reach majority at 18. Significantly, under the Child Marriage Restraint Act, 1929, which is a secular law, the age of marriage is 21 years for males and 18 years for females. But the age of marriage in Muslim personal law is the age of puberty (around 14 years). It was held that Muslims are not exempted from this law. If the marriage of a Muslim girl is performed while she is a minor, the marriage cannot be void, but the persons who participated in the marriage are not immune from the legal punishment provided under Sections 4, 5 and 6 of the Child Marriage Restraint Act. A Muslim girl can marry on attaining the age of puberty, and her marriage cannot be declared void because she is below the age of 18, according to the Child Marriage Restraint Act.
A marriage to be valid has to fulfill the following conditions:
Neither party should have a spouse living at the time of marriage. The spouse does not include a divorced husband/ wife.
At the time of marriage, the parties should be capable of giving a valid consent to the marriage. A person who is of a sound mind shall be considered to be a person capable to give a valid consent. Neither party, though capable of giving a valid consent should be suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children. Neither party should be suffering from recurrent attacks of insanity or epilepsy.
The bridegroom should have attained the age of 21 years and the bride should have attained the age of 18 years at the time of marriage.
The parties should not be within the degrees of prohibited relationships, unless the customs or usage, permits such a marriage.
Two persons are said to be within the degrees of prohibited relationships :
If one is a lineal ascendant of the other. For example a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson.
If one was the wife or husband of a lineal ascendant or descendant of the other. For example, a son can not marry his stepmother. Similarly, a person can not marry his Daughter-in -Law or son -in-law.
If one was the wife of the brother or of the father's or mother's brother or the grandfather's or grandmother's brother of the other.
If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mother's brother and the first cousins are solemnized, those marriages, in the absence of a custom in the community are not valid marriages.
A person can not marry upto his second cousin from the mother's side and upto his fourth cousin from the side of the father. It is also necessary the parties should not be apindas of each other from either side.
Registration
The marriages solemnized, may be registered under the Special Marriage Act with office of the registrar, in the Hindu Marriage Register.
Registration has been made mandatory and it will affect the validity of marriage if it was not registered.
Lorraine Said:
Is there a way I can vote, if I am not registered where I recently moved?We Answered:
Not sure...did you ask someone at your board of elections?