Is This Marriage Legal In India, U,S.A.??

Question

I went to India in 1978 and married I was 15 years old and from the U.S., my "husband" was 30 years old and from India, I was an emancipated minor in the U.S. and my husbands Father signed for me as guardian in India to be married. We came back to the U.S. a month later, and have had two beautiful children. My Husband is now deceased and I have been told since that our marriage was not really legal, and I was hoping a Lawyer in India could tell me if this is true? My parents had not given permmission, but I was emancipated so did not think I needed permmission. Any help is appreciated, and if it matters our children are over 18, so no one is expecting to get social security benefits!

Answer 1

No doubt the minimum age requirement of any boy is 21years & for girl is 18years for any marriage to be performed in India under any matrimonial law in India but if there is an infringement of this rule the marriage itself will not be invalidated or become illegal. But this is not the question in your marriage, the most important question is under what form you married him. You say you got married him under the Hindu Marriage Act, 1955 & got this marriage registered too. If you were not Hindu by religion at the time of marriage then such a marriage with a Hindu will be not only illegal but void abnito. Only a Hindu can marry another Hindu under the Hindu Marriage Act, 1955 & get the said marriage registered under section 8 of the said Act. If you were a Christian as I suppose at the time of marriage & had not be converted to Hindu religion before the marriage by proper ceremonies required for conversion & proof their of then whatever be the time period such marriage can not be called legal marriage that was unlawful on the very initial stage itself. Yours is the third case I have come across in my 6 months in Yahoo answers where a foreigner Christian married with an Indian Hindu under the Hindu Marriage Act, 1955, rather then under the Special Marriage Act, 1954 that is the matrimonial law applicable to marriage between, inter-religious marriages or between an Indian with a foreigner. Who ever suggested you at that time to marry according to the Hindu form of marriage under the Hindu Marriage Act, 1955 befooled you. I an Indian lawyer have been shouting on top of my voice here telling very Tom ,D i c k & Harry to go in for the marriage under the Special Marriage Act,1954 for a absolutely safe & legal civil marriage but people take my advice for granted thinking a dam fool is just shouting unnecessarily, even I advice all the Christian married under the Indian Marriage Act,1872 according to Christian form of marriage get their marriages registered under the Special marriage Act,1954 the provision of such registration exist there to, as the most difficult thing for a Christian if married under the Christian form will be to get divorce as very few grounds available for that in the law for them, but by getting their marriage registered under the Special Marriage Act they can enjoy all the benefits of this Act including divorce & other relief’s. Sorry dear If you are married to this guy by Hindu form of marriage without your proper conversion to Hinduism you marriage remain illegal & void abnito, so no relief for you under the Hindu Marriage Act.

Answer 2

WOW, what a weird situation. I know in a lot of situations that people were not married but had lived together for decades, the court usually declares them as common law married and assigns everything to the common law spouse, in some cases even in homosexual situations.

And that's not including the fact that you actually were married in another country.

Answer 3

Um... if the marriage was never registered in the USA then its not necessary to get a divorce through the USA. You need to get a divorce in India, since that is where the marriage is registered.

Answer 4

go to "justanswer.legal" there are online lawyers and judges