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Registration of marriage in Gujrat

Shivendra Pratap Singh

Advocate

13/09/2015

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I have done an intercaste marriage. Moreover, applied for the benefit of one Scheme which requires the marriage to be registered under the Hindu Marriage Act 1955. I belonged to the SC community in Gujarat and married to a Sindhi Girl. 

We have done a marriage as per Hindu ritual and, through my relative, I came to know that I can get the benefit of inter-cast marriage by Ambedkar foundation which is centrally sponsored scheme, so I have applied to take the benefit of that scheme.

However, they have replied that I am not eligible to take the benefit of this scheme as I have not registered the marriage under the Hindu marriage act, as per there scheme. “The marriage should be valid as per the law and duly registered under the Hindu Marriage Act, 1955.” AS I am from Gujarat, I have submitted the Gujarat Marriage Registration Certificate.

So can I again register my marriage under the Hindu Marriage Act, 1955 in Gujarat and can take the benefit of the Ambedkar Foundation scheme. We have done a marriage on 19.08.2014. Kindly guide us in the matter. Your advice would be highly appreciated.

According to section 25 of the Gujarat Marriage Registration 2006, this act repealed Bombay Registration of Marriage Act 1953. This act applies to every marriage solemnized in the state of Gujrat. It is neither a validating act nor a complementary of Hind Marriage Act. According to section 8 of the Hindu Marriage Act :

“To facilitate the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.”

This act (the Gujarat Marriage Registration 2006) applies to Hindu marriage. This act is enacted by section 8 of the Hindu Marriage Act for registration of Hindu Marriage. So I think no need to get re-registration under the Hindu Marriage Act because the Hindu Marriage Act does not provide procedure, format and competent authority for registration of marriage.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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