Mere cohabitation or negotiation for marriage is not a
marriage. A document will not solemnize a marriage. Marriage in accordance with the custom of the community has to been
conducted, unless it is proved there is no valid form of marriage. If the
marriage is not took place in accordance with the manner known to law, then no
one can claim husband and wife relationship.
Registered
agreement entered into between parties agreeing that they would not take
another spouse and that they accepted each other as husband and wife is not a
marriage. Betrothal is not a marriage.
A person
cannot be said to married merely they have a long and intimate relationship
between them. The parties should show some valid forms of marriage well known
to law. If there is no known manner of marriage format was performed then no
one can assume a marriage was performed and the parties of such function can
treat as husband and wife.
When a valid
marriage is not established between the parties then the parties cannot claim
husband and wife status. They wont be a legal heir of the other party and no
share in the property can be claimed by the other party. Long and intimate
relationship only shows the live-in relationship not declares the husband and
wife status.
What are the
valid format of marriages?
1.A Hindu
and a Christian cannot undergo a marriage ceremony under Hindu Marriage format.
2.A Hindu
and a Muslim cannot undergo a marriage ceremony under Muslim law.
3. Marriage
between persons belong to different religion can undergo marriage only under
special marriage format, if they perform marriage under any format then it is
void.
4. A persons
of Hindu or Christian cannot have a valid marriage by merely signing an
agreement.
5.Having a
reception without any marriage ceremony is not a valid marriage.
6. Having a
marriage certificate without performing marriage ceremony is not a valid
marriage.
7. Merely
registering a fake marriage which was not held before the marriage register and
obtaining marriage certificate is not a valid marriage.
8. Any
marriage which took place without the recognized customary rites and practices
between Hindus, Christians and Muslims or to any other religious persons is not
a valid marriage.
9.Metinoning
the name in Ration card or Aadhar card or Voter Id as husband and wife is not a
valid proof of Marriage.
10. Birth
certificates of the children is not a valid proof of Marriage.
11.
Affidavit sworn before the Notary public and commissioner of oaths is not a
valid marriage.
12. A man
lived as husband and wife for more than 50 years presumption they are married.
13. No
strict proof of marriage is necessary to claim maintenance under 125 Cr.P.C.
Accepted
form of Hindu Marriage
1.Tying of mangalliyasootara or thali
around the neck of the bride by the bridegroom was an essential rite to be
performed so as to constitute a valid marriage between a man and a woman
2. Taking seven steps by the men and
women surround the sacred fire constitute a valid marriage.
3. In Tamilnadu marriage between
any two Hindus, whether called suyamariyathai marriage
or seerthiruththa marriage or by any other name, solemnized in
the presence of relatives, friends or other persons-
(a) by each party to the marriage declaring
in any language understood by the parties that each takes the other to be his
wife or, as the case may be, her husband; or
(b) by each party to the marriage garlanding
the other or putting a ring upon any finger of the other; or
(c) by the tying of the thali. The above
things constitute a valid marriage.
4. Oral
evidence of co-worker of wife and landlord, both parties living together as
husband and wife which is sufficient proof of marriage for the purpose of
maintenance under CR.P.C. Supreme court
in Kamala case in 2018(3) DMC 694.
5. Where a man and woman are proved to
have lived together as man and wife along with his father and mother, the law
will presume, unless the contrary be clearly proved, that they were living
together in consequence of a valid marriage and not in a state of concubinage.
6. The supreme
court held in Tulsa case in 2008 (4) SCC 520 that under the light of the
section 114 of the Evidence Act it is
the Presumption of marriage that a man and woman living together for 30 years
as man and wife is husband and wife
(a) Under Section 50 and 114 of Evidence Act marriage can be presumed from the common course of
natural events and the conduct of parties as they are borne out by the facts of
a particular case.
(b) The presumption was however,
rebuttable, but a heavy burden lies on the person who contends that there was
no marriage.
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Helpline :- 9884883318
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