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Registration of SI TB marraiges, is it a security or just a FAD?

  • Thread starter Thread starter SANDHYAV
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SANDHYAV

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Not to diffuse the hot discussion on divorcee rituals (which is indeed selling like hot cakes with 130 hits in 24 hours) under RITUALS AND POOJAS, as a talking point, if not tangential thinking,
1. is it a must now-a-days to register SI TB marriages.
2. if it is done, is it an added security or FAD.
3. people who have not registered like my aunt, who has been married for 40 years now, do they really care?
4. are there added advantage by law/soceity/banking ( ofcourse it is important if you want to travel abroad as husband and wife )
 
Not to diffuse the hot discussion on divorcee rituals (which is indeed selling like hot cakes with 130 hits in 24 hours) under RITUALS AND POOJAS, as a talking point, if not tangential thinking,
1. is it a must now-a-days to register SI TB marriages.

It is not a must but a marriage certificate is necessary in today's world even in case the husband/wife dies and the living spouse has to prove his/her status as such left-behind partner and claim family pension and other benefits, changing patta of properties and even in the case of bank matters like jointly hired locker.

2. if it is done, is it an added security or FAD.

Yes, it is an added advantage and security also, sometimes.

3. people who have not registered like my aunt, who has been married for 40 years now, do they really care?
4. are there added advantage by law/soceity/banking ( ofcourse it is important if you want to travel abroad as husband and wife )

If proper steps have already been taken in regard to each item to register with the authorities concerned that so-and-so is the wife of Mr. so-and-so, there is nothing much to worry but if such steps have not been taken it may require attestation at a later date and all sorts of delays. As the joke goes, our government system works in such a fashion that in order to prove that you are alive, your physical presence will not be sufficient but a certificate from a competent authority certifying that you are alive. ;)
 
cool prof Sangom, i have a few more clarifications:

1. so if a marriage is not registered they are just athukarar and athukari, which means they are partners and not husband and wife, is that correct?

2.
It is not a must ;)
the sentence quoted above means, the above said athukarar or athukari want a divorce with a compensation (the double goals of any divorce being peace of mind and some compensation) can still use the marriage ceremony invitations and photos ( leave alone the lawyers, lets talk plain english )?


Lots of senior's thoughts around this topic, well appreciated!!
 
1. so if a marriage is not registered they are just athukarar and athukari, which means they are partners and not husband and wife, is that correct?

Athukarar and athukari is just the TB term used to refer to one's spouse, having socially/culturally married a person. It has nothing to do with registration or non-registration of marriage. Athukarar and athukari are husband-wife ONLY.



2.
the sentence quoted above means, the above said athukarar or athukari want a divorce with a compensation (the double goals of any divorce being peace of mind and some compensation) can still use the marriage ceremony invitations and photos ( leave alone the lawyers, lets talk plain english )?


Off course!!! Invitation, Marriage ceremonial photographs and if required couple of witness are enough to go on a legal way to divorce, in one's home country.

I believe, I talked plain English!!
 
cool prof Sangom, i have a few more clarifications:

1. so if a marriage is not registered they are just athukarar and athukari, which means they are partners and not husband and wife, is that correct?

2.
the sentence quoted above means, the above said athukarar or athukari want a divorce with a compensation (the double goals of any divorce being peace of mind and some compensation) can still use the marriage ceremony invitations and photos ( leave alone the lawyers, lets talk plain english )?


Lots of senior's thoughts around this topic, well appreciated!!

I thought I was talking plain English so far. But your words "leave alone lawyers, let's talk plain english" makes me rethink. So you may kindly talk to those who can talk the "plain english" of your kind, please.
 
The position in law is that once the sapthapathi is over the man and woman have become husband and wife. But if you go abroad, none will know what a saptha pathi is. So they will require a certificate from your home country that you two are married. So the registration. In the case of old couples if the need to prove a marriage arises it is enough if an affidavid sworn before an appropriate authority is produced. If that affidavit turns out to be false the person who made that affidavit will be proceeded against under the criminal Procedure Code by the Govt.

All other rituals before the sapthapathi will not put the seal on the marriage that it is complete. There are cases where this has been decided clearly by courts.
 
that is the point of registration. for eg. a couple goes for divorce, no registration done. the one who is asking for divorce says the marriage was solemnized. but the other partner says the sapthapadi was not completed then the judge will ask for the video, then the videographer slept between 2 3 steps, then they call for witness, the sastry says he was focussing on the mantra and not the number of circles, they call the an unlce he is sure the saptapadi was complted and the story goes on.

in simple english athukarar and athukari are Husband and wife ONLY ONLY, but leagally they are only partners i think, coz the marriage was not registered. assuming there are no other documentation in the society apart from marriage photos and videos and invitations (like for example a 2 month old wedding ceremony).

interesting debate though!
 
The position in law is that once the sapthapathi is over the man and woman have become husband and wife. But if you go abroad, none will know what a saptha pathi is. So they will require a certificate from your home country that you two are married. So the registration. In the case of old couples if the need to prove a marriage arises it is enough if an affidavid sworn before an appropriate authority is produced. If that affidavit turns out to be false the person who made that affidavit will be proceeded against under the criminal Procedure Code by the Govt.

All other rituals before the sapthapathi will not put the seal on the marriage that it is complete. There are cases where this has been decided clearly by courts.

There seems to be tacit understanding that this is a Hindu marriage.

In India, where most Hindus live, the laws relating to marriage differ by religion. According to the Hindu Marriage Act of 1955, passed by the Parliament of India, for all legal purposes, all Hindus of any caste, creed or sect, Sikh, Buddhists and Jains are deemed Hindus and can intermarry. By the Special Marriage Act, 1954, a Hindu can marry a person who is not Hindu, employing any ceremony, provided specified legal conditions are fulfilled.
The pre-wedding ceremonies include engagement (involving vagdana or oral agreement and lagna-patra written declaration), and arrival of the groom's party at the bride's residence, often in the form of a formal procession. The post-wedding ceremonies involve welcoming the bride to her new home.
Despite modern Hinduism being largely based on the puja form of the worship of devas as enshrined in the Puranas, a Hindu wedding ceremony at its core is essentially a Vedic yajna (a fire-sacrifice), in which the Aryan deities are invoked in the Indo-Aryan style. It has a deep origin in the ancient ceremony of cementing the bonds of friendship/alliance (even among people of the same sex or people of different species in mythological contexts), although today, it only survives in the context of weddings. The primary witness of a Hindu marriage is the fire-deity (or the Sacred Fire) Agni. By law and tradition no Hindu marriage is deemed complete unless in the presence of the Sacred Fire seven encirclements have been made around it by the bride and the groom together. (In many South Indian Hindu marriages these are not required.)

According to Hinduism there are eight different types of Hindu marriages. Among the eight types not all had religious sanction. The last four were not religiously defined and were condemned. These are: Brahma marriage, Daiva marriage, Arsha marriage, Prajapatya marriage, Gandharva marriage, Asura marriage, Rakshasa marriage and Paishacha marriage.

Hindu Marriage Act - Wikipedia, the free encyclopedia

Ceremonies


Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage. Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party. Such rites and rituals include the Saptapadi—the taking of seven steps by the bridegroom and the bride jointly before the sacred fire. The marriage becomes complete and binding when the seventh step is taken.



Registration


As stated in Section 8. the state government may make rules for the registration of Hindu marriages that the parties to any of such marriages may have particulars relating to their marriages entered in such a manner and subject to such conditions as may be prescribed in the Hindu Marriage Register. This registration is for the purpose of facilitating the proof of Hindu marriages. All rules made in this section may be laid before the state legislature. The Hindu Marriage Register should be open for inspection at all reasonable times and should be admissible as evidence of the statements contained therein.
 
I have seen simple divorces as well really complex ones involving kerosene and poisons. The point of registration is pointless if the gravity of the situation is more than mere documentation.

Types Of Divorce In India
 
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