{"id":527,"date":"2017-04-20T09:23:08","date_gmt":"2017-04-20T09:23:08","guid":{"rendered":"http:\/\/tibetanlegalassociation.org\/en\/?p=527"},"modified":"2017-12-28T10:31:19","modified_gmt":"2017-12-28T10:31:19","slug":"527-2","status":"publish","type":"post","link":"https:\/\/tibetanlegalassociation.org\/en\/527-2\/","title":{"rendered":"&#8220;Legal Note on Tibetan Marriages in India&#8221;"},"content":{"rendered":"<p><strong>\u201cLegal Note on Tibetan Marriages in India\u201d<\/strong><\/p>\n<p><strong>Disclaimer:\u00a0 <\/strong><em>The remarks and opinions expressed in this article are those of the author and it is purely meant for public interest and for their legal awareness. Photos are taken from public domain and some with the consent of the person.<\/em><\/p>\n<p><strong>\u00a0A \u00a0Marriage \u00a0Made in Heaven.<img loading=\"lazy\" decoding=\"async\" class=\"alignleft size-medium wp-image-528\" src=\"http:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/hEART-2-300x232.jpg\" alt=\"\" width=\"300\" height=\"232\" srcset=\"https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/hEART-2-300x232.jpg 300w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/hEART-2-768x594.jpg 768w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/hEART-2-660x510.jpg 660w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/hEART-2.jpg 1000w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/strong><\/p>\n<ul>\n<li>Every young boy and girl wants to get married for love and for family.<\/li>\n<li>Marriage is most essential part of any society, especially in India and for the Tibetans too. It is a sacred union of a man and a women for life, to the exclusion of others.<\/li>\n<li>Marriages are made in heaven for souls \u2013 and by souls \u2013 long before the lives of the persons are involved. That\u2019s why the couples are called as soulmates. Tibetans call it Karma- fate. There is a saying that no one can escape from fate or one\u2019s Karma if you are meant to marry someone. Marriage is a vessel that holds the hearts and souls of you and your beloved one. If someone stabs your husband with defamatory words, the wife gets hurt and vice-versa.<\/li>\n<li>With marriage, you are complete and satisfied in life. With marriage come respect and dignity, it gives the couple an identity and recognition in the society.<\/li>\n<li>Marriage, also called as matrimony or wedlock, is a socially\/ritually recognized union. Marriage is an acceptance of the society as husband and wife, which excludes the third person from tampering and trespassing this sacred union, a laxman Rekha\/ boundary line is drawn by the society and by law to protect this Sacred Institution.<\/li>\n<li>The institution of marriage is a widely recognized culture since immemorial time and is the most important factor for the stability of the family and of the society.<\/li>\n<li>Marriage is not just a union of two individuals, but of two families within the society. There is a saying amongst the Tibetans that it is the parent\u2019s responsibility and right to marry off their children, likewise, it\u2019s the children\u2019s duty to\u00a0 pay the last homage \u00a0to their parents at the funeral. Therefore, it is also a sacred duty and sacred act.<\/li>\n<\/ul>\n<p><strong>A \u00a0Traditional Tibetan wedding<\/strong> . \u00a0 \u00a0System of sending Longchang proposal is still prevalent in the Tibetan Community in exile. It is practiced even amongst \u00a0the common people.<img loading=\"lazy\" decoding=\"async\" class=\"alignleft size-medium wp-image-529\" src=\"http:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/excnage-of-gralend-300x226.jpg\" alt=\"\" width=\"300\" height=\"226\" srcset=\"https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/excnage-of-gralend-300x226.jpg 300w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/excnage-of-gralend.jpg 344w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/p>\n<p><strong>Long Chang \u00a0Proposal: \u00a0\u00a0Tibetan wedding gifts from the groom\u2019s side<\/strong><\/p>\n<ul>\n<li>When a man or a parents are\u00a0 looking for a girl, he is supposed to seek her age, date of birth and her zodiac attribute and family background or caste. With all the information on hand, Astrologer \u00a0will be consulted \u00a0to check if her attributes are compatible with his. If so and if his parents are pleased with the lady in question,<\/li>\n<li>they \u00a0would usually send a family friend to the girl&#8217;s house.<\/li>\n<li>The Family Friend \/matchmaker will bring along Khatag ie White silk scarf, Whiskey chang\/Wine, \u00a0Butter Tea \u00a0 when visiting the l<img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-566 alignleft\" src=\"http:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Marraige-300x225.jpg\" alt=\"\" width=\"300\" height=\"225\" srcset=\"https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Marraige-300x225.jpg 300w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Marraige-768x576.jpg 768w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Marraige-1024x768.jpg 1024w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Marraige-660x495.jpg 660w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Marraige.jpg 1600w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/>ady&#8217;s family.. \u00a0His role is to see whether the girl&#8217;s family shows any inclination towards the proposal \u00a0\u00a0 OR \u00a0 \u00a0 \u00a0 \u00a0if the boy and girl are already in love, and after a period of courtship and permission to marry has been granted by each family, an elderly gentleman\/family friend \/Uncle \u00a0is asked to send Longchang or propose the marriage to the bride-to-be&#8217;s parents with gifts and Khatag and Whiskey bottle\/Wine Chang. \u00a0Gifts are presented to the bride&#8217;s family once approval has been given.<\/li>\n<li><\/li>\n<\/ul>\n<ul>\n<li><strong>\u00a0What are the \u00a0procedural Requirement of Traditional \u00a0Tibetan Wedding<\/strong><\/li>\n<\/ul>\n<p>On the auspicious date fixed by the Astrologer, wedding is performed either at the Hall or at home, the wedding day begins \u00a0 with Tashi Sholpa Tibetan Opera Dance \u00a0for Good fortune for the event. On the wedding day, the groom&#8217;s family will invite a person with good reputation and a group of riders to fetch the bride. A well-decorated White Car \u00a0is sent to bring \u00a0the bride \/Groom to a place of \u00a0 Marriage.<\/p>\n<p>A Couple make T<strong><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-537 alignleft\" src=\"http:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Marriage-Karma-1-300x200.jpg\" alt=\"\" width=\"225\" height=\"150\" srcset=\"https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Marriage-Karma-1-300x200.jpg 300w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Marriage-Karma-1.jpg 309w\" sizes=\"auto, (max-width: 225px) 100vw, 225px\" \/><\/strong>oast of Wine\/Chang at the beginning of the day and at the end of the day.\u00a0 A Boy&#8217;s Side will \u00a0\u00a0place \u00a0onto the back collar of the bride, a \u00a0five colored Flagged arrow \/Stick \u00a0called Dutta . On the wedding day, an Astrologer\/Show man \u00a0chosen will \u00a0lead the wedding repeats<br \/>\nTibetan rhymed congratulatory words for the new couple.Instead of ancient custom of placing a \u00a0jade piece \u00a0to the bride&#8217;s head , Now a days a Ring is exchanged during the marriage ceremony.<\/p>\n<p><strong>Blessing from Spiritual Lamas:<br \/>\n<\/strong><br \/>\n<img loading=\"lazy\" decoding=\"async\" class=\"alignleft wp-image-539\" src=\"http:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/BLe4ssing-300x300.jpg\" alt=\"\" width=\"214\" height=\"214\" srcset=\"https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/BLe4ssing-300x300.jpg 300w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/BLe4ssing-150x150.jpg 150w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/BLe4ssing.jpg 643w\" sizes=\"auto, (max-width: 214px) 100vw, 214px\" \/>Couples \u00a0go to Monastery \u00a0early morning \u00a0of the day of the Marriage to \u00a0get blessings from the their spiritual lamas. They may also take blessing for the Buddha Statute that is given as Dowry \u00a0from the bride side.<\/p>\n<p>The detailed and complete\u00a0formalities \u00a0of the traditional Tibetan wedding is described\u00a0 at \u00a0\u00a0\u00a0http:\/\/windhorsetour.com\/tibet-culture\/tibetan-marriage-customs<\/p>\n<p><strong>\u00a0Whether Tibetan\u00a0Monastery\u00a0Performs Marriage?<\/strong><\/p>\n<p><strong>Performance\u00a0of Marriage by \u00a0Tibetan Monastery\u00a0&#8211; \u00a0Distortion of \u00a0Tradition<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>Traditionally and even today, Tibetan monastics are not allowed to perform marriages. A marriage is considered as a secular affair but the monks can perform prayers for the marriage and to ward off evils or dispel any bad luck. The prayer is usually not done at the same place during\/at the performance of marriage. However, on 22.4.2017, I happened to attend a friend\u2019s marriage where the monks were invited to recite a prayer for the occasion just before the start of the scarf ceremony. This may be one of the few instances. However issuing a marriage certificate\/letter from the Tibetan monastery \u00a0to register a Tibetan marriage is not based on facts as Tibetan monasteries\/ monks\/ lamas don\u2019t perform a marriage like Indian priests do. Therefore, it would be a distortion of the traditional Tibetan view of marriage when few people, succumbing to lawyers demand, started getting letters from a monastery to prove their marriage having taken place in monastery because in fact, no Tibetan marriage ever takes place in a monastery nor do monks perform prayers as a essential \u00a0part of a marriage ceremony or a part of a marriage ceremony at all. The presence of the monk is not a requisite or part of the marriage ceremony to complete a\u00a0 marriage.<\/p>\n<p><strong>\u00a0 \u00a0What are the Simple Formalities of \u00a0Tibetan Marriage to call it a \u00a0Marriage?<\/strong><\/p>\n<p>Now a days, to avoid evil eyes \/chat or to avoid expenditure, Tibetans now made short cut of their wedding by making it a small \u00a0family affair, \u00a0Offering of \u00a0Khatas by \u00a0family and few relatives and a feast to the close friends and Close relatives fulfills the minimum requirement of Tibetan Customary marriage. Sometimes, only one side parents are present at the wedding, and sometimes, couples perform marriage even without the\u00a0 presence of their parents. But this \u00a0simple family affair \u00a0will suffice the definition of Marriage in the eyes of Tibetan Society and law accepts the same.<\/p>\n<h3><strong>Evidence \/Proof of Marriage<\/strong><\/h3>\n<ol>\n<li>A) Marriage is very important and although pomp and show is not needed , a \u00a0simple\u00a0 rituals may serve the purpose \u00a0but the existence of marriage\u00a0 can \u00a0only be proved by documentary evidence only, ie marriage license\/certificate.<\/li>\n<\/ol>\n<ul>\n<li>Although Marriages are made in heaven, it is often undone in Earth due to various factors. Therefore, in many cases, a women need protection and security.<\/li>\n<li>Many a times, Tibetans in India just live together without any formalities of marriage or rituals of marriage and they take this live in relation as akin to marriage and acknowledge themselves as married without the blessing and sanctity of marriage. In such a situation, A time may come where the MAN would \u00a0deny that they are married.<br \/>\n<h3><strong>\u00a0Apron \u00a0as a symbol of \u00a0 being married.<\/strong><\/h3>\n<\/li>\n<\/ul>\n<p>Whereas\u00a0 Tibetan Women have to mandatory wear apron as symbol of marriage \u00a0although it is a recent developing customary <img loading=\"lazy\" decoding=\"async\" class=\"alignleft size-medium wp-image-545\" src=\"http:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Apron-of-married-300x200.jpg\" alt=\"\" width=\"300\" height=\"200\" srcset=\"https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Apron-of-married-300x200.jpg 300w, https:\/\/tibetanlegalassociation.org\/en\/wp-content\/uploads\/2017\/04\/Apron-of-married.jpg 600w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/>\u00a0trend since arrival in Exile, as\u00a0 in Tibet, even a Child would wear apron and \u00a0a new \u00a0evolving \u00a0customary practices among\u00a0st the Tibetans in India that once women is separated from her husband, \u00a0an Apron is removed, which brings \u00a0a stain on the women, that she once wore the apron in the name of this man .<\/p>\n<p>Wearing apron has become a \u00a0rule for the married women in the Tibetans in exile and couple in live in relation also wears apron as symbol \u00a0of being married.<\/p>\n<p><strong>Difference between \u00a0Marriage \u00a0Vs \u00a0 Live in? \u00a0 \u00a0 \u00a0<\/strong> \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Live-in relationships in simple terms\u00a0can be explained as relationships in the nature of marriage where both partners enjoy individual freedom and live in a shared household, but without <u>being married to each other.<\/u><\/p>\n<p>Although the Courts has liberally professed that any man and woman cohabiting for a long term will be presumed as legally married under the law unless proved contrary.<\/p>\n<p>The Supreme Court in the case of <strong>Chellamma vs. Tillamma<\/strong> under Justice Katju and Mishra has opined that, &#8220;a man and a woman even without getting married, can live together if they wish to. This may be regarded as immoral by society, but it is not illegal. There is difference between law and morality.<\/p>\n<p>In <strong>Alok Kumar VS. State of Delhi, Delhi High Court<\/strong> in its decision on 10th August 2010, the court held that live-in relationships can be rescinded without legal consequence at any time. There are no strings attached to this relationship, this relationship creates no legal bonds between the parties. It\u2019s a contract of living together which is renewed every day by the parties and can be terminated by either of the parties without consent of other party and one party can walk out at will at any time.<\/p>\n<p>Therefore, one can say that Live in relationship is good and akin to marriage, but it is not a marriage . \u00a0The marriage has the higher protection in the eyes of law and \u00a0sanctity in the society.<\/p>\n<p><strong><u>\u00a0<\/u><\/strong><\/p>\n<p><u><strong>\u00a0 Whether live in Partner&#8217;s name can be incorporated in the documents like IC?\u00a0<\/strong><\/u><\/p>\n<ul>\n<li>In documents like IC, there\u00a0is no provision\u00a0to write your \u00a0live in partners name as spouse. \u00a0There is a space to write your father&#8217;s name or that of a husband or wife. \u00a0 However, \u00a0Many Tibetans without having undergone any marriage or registration of marriage makes \u00a0a mistake of incorporating \u00a0their partners name in their IC (travel documents) and later get into problem when \u00a0separated.\u00a0 The problem is that the \u00a0passport authority or Bureau office ask them to produce the divorce certificate, whereas \u00a0divorce is possible only when there was\u00a0 existing \u00a0marriage\u00a0 and Divorce cant be granted for live in relation.<\/li>\n<li>\u00a0In \u00a0a case of \u00a0Pema Choezom,(name changed) 19.9. 2016 \u00a0 where the party\u00a0\u00a0is already married \u00a0to her lawfuly\u00a0wedded husband and is in the process of going abroad to join him in \u00a0USA, at that \u00a0moment, she was asked by Bureau Office \u00a0at Delhi to produce divorce certificate\u00a0from her previous \u00a0husband, \u00a0as she has written the previous partner&#8217;s \u00a0name in her IC. \u00a0 Now, getting divorce from her previous husband\/partner \u00a0would \u00a0be futile as \u00a0divorce cant be granted backdated and until\u00a0her divorce, her present marriage to her second husband would be void, thus, her only solution was to file a declaration suit before the executive Magistrate\/Tehsildar with affidavit and \u00a0statement from both parties, and obtained a finding Order \u00a0on 21.11.2016 to say that she has inadvertently\u00a0written her previous \u00a0live in \u00a0partner as her husband in her IC \u00a0 they have not undergone any legal \u00a0marriage either by way of court marriage or any other customs or traditions\u00a0applicable to them.<\/li>\n<li><strong>\u00a0Compulsory\u00a0\u00a0Registration \u00a0of Marriage is Marriage<\/strong>\u00a0? Supreme Court of India has made the registration of marriage compulsory \u00a0in the year 2006 and some state even made punishment for non registration of marriage.<\/li>\n<li>When i emphasized the importance of formalities of marriage or registration of marriage, i have come across at least four people who have \u00a0retaliated by saying Instead of \u00a0spending \u00a0money on \u00a0marriage which cracks within a year, which is a name sake marriage, \u00a0it is better to have love without such formalities of marriage .<\/li>\n<li>It is to make known to the Tibetan people that the small rituals of wearing Khatak can make your union a lawful and acceptable in the eyes of society and it is to \u00a0further emphasize that your marriage must also be registered e under Law because the law requires proof of your marriage.\u00a0Marriage means a marriage in the eyes of law that fulfills the essential requirements and \u00a0minimum formalities of law. Therefore, not just love, the essential formalities are also \u00a0equally important.<\/li>\n<\/ul>\n<p>In India, a marriage can either be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. Hindu Marriage Act is applicable to Hindus, whereas the Special Marriage Act is applicable to any Individual\u00a0\u00a0 (not necessarily Indian Citizen) and\u00a0 irrespective of their religion.<\/p>\n<p><strong>Difference between Hindu Marriage Act and Special marriage act?<\/strong><\/p>\n<p>The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs, or where they have converted into any of these religions. The first step in this process is to apply to the sub-registrar under whose jurisdiction the marriage has been solemnized, or either party to the marriage has been residing. Tibetan being Budhist, can apply for registration\u00a0under HM Act. \u00a0 \u00a0\u00a0The Hindu Marriage Act provides for registration of an already solemnized marriage, and does not provide for solemnization of a marriage by a Marriage Registrar. \u00a0However, the Special Marriage Act provides for solemnization of a marriage as well as registration of\u00a0 a Marriage already solemnized as per Tibetans customs or any forms.<\/p>\n<p><strong>A) \u00a0Date of Appointment<\/strong><\/p>\n<p>In case of Hindu Marriage Act, you will get an appointment within 7 to 10 days , but in case of Special Marriage Act, \u00a0it \u00a0usually take \u00a0from 35- 50 \u00a0days as one month notice is mandatory to wait for any objection . \u00a0Mr. Passang and Dechen applied for registration under SMA oat Dharamsala n 17.4.2017 and date of appointment was 25.5.2017 which is 38 days.<\/p>\n<p><strong>\u00a0What is special about the Special Marriage Act, 1954<\/strong><\/p>\n<p>The Special Marriage Act is applicable to all citizens of India. Any person, irrespective of religion can solemnize and register their marriage under the Special Marriage Act, 1954.<\/p>\n<ol>\n<li>Persons belonging to different relations and faiths can have their marriage Solemnized under this Act.<\/li>\n<li><u>Marriages performed under other forms can also be registered under this Act.<\/u><\/li>\n<li>One of the parties should have resided in the Dharamsala for one month preceding the application of registration of marriage, which means Husband can be from Dharamsala and wife from Dehradun or any other place. \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 <strong>A) \u00a0<u>\u00a0Some Myth \u00a0about Special Marriage Act<\/u><\/strong><\/li>\n<\/ol>\n<p>Although the Special Marriage Act \u00a0was \u00a0intended for inter-caste marriage or when there is some foreign element involved,\u00a0 however, the provisions is made so liberal \u00a0that any two individual irrespective of caste, or religion or nationality or citizenship, \u00a0can be solemnized or registered under this law . \u00a0\u00a0It is not correct to say that \u00a0SMA is applicable only between foreigners or inter caste marriage,Yes, \u00a0it is applicable to any Individual, Irrespective of his religion or nationality or citizenship.<\/p>\n<p><strong>B<\/strong><u><strong>) Myth about Place of Marriage for registration of Marriage:<\/strong> \u00a0\u00a0<\/u>A Tibetan married in Kollegal in 1999 and presently residing at \u00a0Dharamsala can get their marriage registered at Dharamsala under Special Marriage Act.\u00a0 \u00a0Many Tibetans\u00a0 thinks that marriage must be solemnized at Dharamsala in order to register at Dharamsala, No, \u00a0it is not necessary that you have to mention Dharamsala as place of marriage when you apply for registration of the marriage already performed .<\/p>\n<p><strong>C) Double Marriage :<\/strong> \u00a0 \u00a0If you have already performed the Tibetan rituals of wearing khatak for your marriage, then you don&#8217;t have to file this Application and notice under section 5 of the special marriage Act for solemnization of Marriage. This section is for solemnization of marriage which means performing marriage by law or to say court marriage, whereas you only need to register your marriage already performed as per your Tibetan customs.<\/p>\n<p>When you make \u00a0application under section 5 for the \u00a0solemnization of \u00a0their marriage under this act , it \u00a0means \u00a0a court marriage in lay terms and for that you will have to take Wedding Wows or Oath of Marriage as prescribed by law.<\/p>\n<p>So, when you are already married under Tibetan customs and rituals , then by taking Wedding Wows or \u00a0Oath under section 12 of the Special marriage act, you are marrying for the second time. Therefore, you must differentiate between solemnization and registration of marriage. You are married once \u00a0on the day you got married for the first time.<\/p>\n<p>Solemnization means you are marrying for the first time under law, and registration means you are already married and all you need is marriage certificate by registration of your marriage already performed at your home\/any place \u00a0by wearing Khatak and rituals etc. There is nothing wrong in marrying again with\u00a0the knowledge\u00a0that you are marrying\u00a0again. Your date of marriage\u00a0will be the day of \u00a0the solemnization of marriage under Special Marriage Act.<\/p>\n<p><strong>D) \u00a0Form and Place of \u00a0Solemnization of Marriage under Special Marriage act<\/strong><\/p>\n<p>The marriage may be solemnized at the office of the Marriage Officer, or\u00a0 you can request the\u00a0 SDM to visit your place say Mcleod Ganj or CTA Staff Mess hall\u00a0 to solemnize\u00a0 your marriage. \u00a0The section 12 of Special marriage Act says\u00a0 you can call the SDM \u00a0within a reasonable distance \u00a0upon payment of additional \u00a0fees. This facility is yet to be confirmed \u00a0at Dharamsala, although the law says so. Saif Ali Khan and kareena Kappor has called the SDM \/Marriage officer to their residence for\u00a0 their \u00a0Marriage under\u00a0Special marriage Act.<\/p>\n<p>Section 12 also says \u00a0\u00a0The marriage may be solemnized in any form which the parties may choose to adopt which means you can also have your marriage as per Law and also as per your Tibetan Custom such as offering of scarf and exchange of rings and other ceremonies can be performed simultaneously at the time \u00a0of solemnization of marriage under Special marriage Act\u00a0 but this may be inconvenient when marriage is solemnized at the office of SDM .<\/p>\n<p>Apart from Khatak and \u00a0all, the following wows\/oath must be taken before the SDM for solemnization of Marriage.<\/p>\n<p><u>\u00a0<\/u>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <strong><u>Wedding Wows or Oath under special Marriage Act<\/u><\/strong><\/p>\n<p>Before the SDM at Dharamsala, Bride and Bridegroom has to take Oath of marriage in front of three witness, in English or Tibetan language.<\/p>\n<p>&#8221; I,\u00a0 \u00a0 \u00a0 Tenzin\u00a0 \u00a0 take you\u00a0 \u00a0Namgyal\u00a0 \u00a0 to be \u00a0my lawful\u00a0 \u00a0and \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the \u00a0Bride \u00a0will say<\/p>\n<p>I,\u00a0 \u00a0Namgyal\u00a0 \u00a0 take you Tenzin\u00a0 \u00a0to be\u0f0bmy lawful \u00a0\u00a0\u00a0\u00a0 husband\u201d<\/p>\n<h2>\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u0f44\u0f0b\u0f62\u0fa3\u0f58\u0f0b\u0f62\u0f92\u0fb1\u0f63\u0f0b\u0f53\u0f66\u0f0b\u0f41\u0fb1\u0f7a\u0f51\u0f0b\u0f58\u0f72\u0f44\u0f0b\u0f60\u0f56\u0f7c\u0f51\u0f0b&#8230;&#8230;&#8230;.\u0f44\u0f60\u0f72\u0f0b\u0f41\u0fb2\u0f72\u0f58\u0f66\u0f0b\u0f58\u0f50\u0f74\u0f53\u0f0b\u0f42\u0fb1\u0f72\u0f0b\u0f56\u0f5f\u0f60\u0f0b\u0f5f\u0fb3\u0f0b\u0f63\u0f0b\u0f44\u0f7c\u0f66\u0f0b\u0f60\u0f5b\u0f72\u0f53\u0f0b\u0f56\u0fb1\u0f7a\u0f51\u0f0b\u0f40\u0fb1\u0f72\u0f0b\u0f61\u0f72\u0f53\u0f0d<\/h2>\n<p>In presence of the SDM at Dharamsala and 3 \u00a0Witness, \u00a0Bride and Bridegroom \u00a0can \u00a0exchange Ring or\u00a0 offer Kathag \u00a0and cut the cake etc<\/p>\n<p><strong>What are the documents required for\u00a0 the solemnization and \u00a0registration of Marriage under special Marriage act?<\/strong><\/p>\n<p>Answer: \u00a0\u00a0Both partners will need to fill and sign the Application under section 5 for solemnization and Section 11 for registration of Marriage \u00a0\u00a0and submit it on person along with the following documents:<\/p>\n<ol>\n<li>a) Two joint passport size photographs<\/li>\n<li><strong>b) Proof of Date of Birth :<\/strong> Self-attested copy of the Proof of Date of birth i.e. Birth Certificate or School certificate(for both ) or affidavit .<\/li>\n<\/ol>\n<p>c)Self-attested copy of the \u00a0Aadhaar Card<\/p>\n<p>4) <strong>Address Proof<\/strong>;\u00a0 \u00a0\u00a0Letter from Settlement office as Address proof of both parties(for both) or \u00a0school, Institution \u00a0or Municipal Counselor.<\/p>\n<p><strong>Additional documents for Registration of marriage already performed<\/strong><\/p>\n<ol>\n<li>a) two photographs of the marriage ceremonies for registration.<\/li>\n<li>b) Invitation card of marriage( for registration only)<\/li>\n<li>c) Affidavit of Marriage (for registration only)<\/li>\n<\/ol>\n<ol>\n<li>h) Three witness and their RC<\/li>\n<\/ol>\n<p><strong>Q \u00a0What is the procedure for solemnization of Marriage under Special marriage Act?<\/strong><\/p>\n<p>Answer:<\/p>\n<p>1) An \u00a0Application and notice under section \u00a011 with a separate \u00a0Declaration of the Condition and proof of non-relationship between the parties within the degree of prohibition(for both).<\/p>\n<p>2) The persons intending to register their marriage under this Act have to give 6 copies of notice of objection in specified forms to the concerned marriage officer(for both solemnization under section 11 \u00a0and registration under section 16 along \u00a0with the required documents.<\/p>\n<p>3) A copy of the notice is affixed on the notice board of the registration office and a copy of the notice is sent to the parents and the \u00a0marriage officer of the area where either of the parties having present\/permanent addresses for similar publication. Sometimes, when the person intending to marry\/register their marriage, has no parents alive or different permanent\/present address to send the Notice, the address of relatives should be given to send a notice for objection, if any.<\/p>\n<p>4) After the expiration of one month from the date of publication of the notice, if no objections are received the marriage may be solemnized. In case of objection the marriage officer conducts an enquiry and the marriage is solemnized after the enquiry concludes.<\/p>\n<p><strong>5)\u00a0 Physical Presence:<\/strong><\/p>\n<p>For registration of marriage, presence of both parties along with the witness is required to be present, for submission of documents of issuance of notice of intended marriage and during the actual solemnization i.e. while taking marriage wows\/oath before the SDM.<\/p>\n<p>For Solemnization of marriage, only one parties need to be present for filing if that one party is not resident at Dharamsala. One can make first filing ie notice with the presence of one party only.<\/p>\n<p>&nbsp;<\/p>\n<p>Q<strong>\u00a0 Who can be Witness to the Marriage Registration:<\/strong><\/p>\n<ol>\n<li>i) \u00a0Name &amp; Address of Witness<\/li>\n<\/ol>\n<p>In the Memorandum of the Marriage, name and address of three witness should be given and copy of their RC \/Adhaar Card to be given as proof of identity\/address.<\/p>\n<ol>\n<li><strong>ii) Physical Presence of Witness:<\/strong><\/li>\n<\/ol>\n<p>Applicants are also required to take a witness along with them to the Sub-registrar for marriage registration or solemnization of marriage.\u00a0 The parties and the witness should be present two times, First time during the filing of the application and second time during the actual registration or solemnization of the marriage.<\/p>\n<p><strong>iii) Who can be witness:<\/strong><\/p>\n<p>A 65 year old Tibetan couple came to apply for Registration of their marriage solemnized 30 years ago\u00a0 but they have brought two witness who are\u00a0 in 20\u2019s, which means at the time of marriage, the witness were not even born. A person who has seen, known and attended the marriage of the parties can be a witness, it is not to witness the registration of marriage. The concerned lawyer can also be included in the name of the witness for solemnization of marriage.<\/p>\n<p><strong>Q \u00a0 What is the Purpose of the Marriage Certificate?<\/strong><\/p>\n<p>A Marriage Certificate is an official statement establishing the marital status of a couple. It is an important document, which one can rely upon to prove that they are legally married to someone, and for various other purposes like obtaining a passport, getting your spouse name\u00a0incorporated in army records for pensions, opening a bank account, changing one\u2019s maiden name, and applying for an income certificate, among other things. A marriage certificate is essentially the legal proof of registration of a marriage. It certifies the act of marriage, date, time and place where the marriage was solemnize<\/p>\n<p><strong>_____________________________________________________Disclaimer : \u00a0 \u00a0\u00a0<\/strong><strong>The remarks and opinions expressed in this article are those of the author Ms. Namgyal Tsekey and it is purely meant for public interest and for their \u00a0legal awareness. Photos are taken from public domain and some with the \u00a0consent \u00a0of the person.<\/strong><\/p>\n<h2><strong>_______________________________________________<\/strong><\/h2>\n<p>S<\/p>\n<!-- AddThis Advanced Settings generic via filter on the_content --><!-- AddThis Share Buttons generic via filter on the_content -->","protected":false},"excerpt":{"rendered":"<p>\u201cLegal Note on Tibetan Marriages in India\u201d Disclaimer:\u00a0 The remarks and opinions expressed in this article are those of the author and it is purely meant for public interest and for their legal awareness. Photos are taken from public domain and some with the consent of the person. \u00a0A \u00a0Marriage \u00a0Made in Heaven. Every young\u2026 <span class=\"read-more\"><a href=\"https:\/\/tibetanlegalassociation.org\/en\/527-2\/\">Read More &raquo;<\/a><\/span><!-- AddThis Advanced Settings generic via filter on get_the_excerpt --><!-- AddThis Share Buttons generic via filter on get_the_excerpt --><\/p>\n","protected":false},"author":1,"featured_media":528,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-527","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts\/527","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/comments?post=527"}],"version-history":[{"count":75,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts\/527\/revisions"}],"predecessor-version":[{"id":755,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts\/527\/revisions\/755"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/media\/528"}],"wp:attachment":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/media?parent=527"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/categories?post=527"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/tags?post=527"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}