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!

We had a marriage license, signed by the Registrar of marriage, under tha Hindu marriage act.
I have never considered New Delhi a "backwater" area as one of the answerers has called it. I find that rather offensive, and my Husbands family are very well to do, Doctors, Scientists, Business people. After 30 years of marriage as I knew it anyway and two children and two grandchildren, and the years I spent with a wonderful and kind loving man, I am not looking for legal validation, I am simply curious, the legality or lack of it changes nothing.

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

As long as you got no problems why care? Its illegal for a girl to be married before the age of 18 and a guy before the age of 21 - but once married and consumated its legal and especially with the papers it legal.

Its similar to another law in India on Suicide if attempted its a Criminal Offence if successful you are scotfree. Same is before or during the marriage it can be stopped after the marriage and consumation only on the wife filing a petition and contesting it would it be declared illegal!!

And to those Amigos living in their well consider US to be the whole world!! Got absolutly no knowledge of the rest of the Universe!! Had an instance when there was an Amigo a 21yr old who did not know what a passport is asked me what my blue book is and when told its a passport it sounded greek and he wanted to know its utility!!

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

emancipated is an abstract term that will not be recognised by a court. and yes your marraige is not legal. you were a minor.
the US may recognise your live in status, but it is definitely not valid in india. at least not legally. but if u want to go to the backwaters of india, where people still practise child marraige, u may get a social recognition. but if it is legal recognition u r looking for, u will not get it.