The provisions of this article pertaining to the granting of the licenses before a marriage can be lawfully celebrated apply to all persons who assume the marriage relation in accordance with subdivision four of section eleven of this chapter. Nothing in this article contained shall be construed to render void by reason of a failure to procure a marriage license any marriage solemnized between persons of full age.
Joseph v. Singh, 2022 NY Slip Op 04158, ¶ 1, 206 A.D.3d 982, 982, 168 N.Y.S.3d 873, 873 (App. Div. 2nd Dept.)
The evidence before the Supreme Court established that, on October 13, 1995, the parties took part in a Hindu wedding ceremony, conducted by a Hindu religious leader and attended by several guests. Despite the defendant’s assertion that the parties never intended to be married, the parties solemnly declared in the presence of a clergyman and at least one witness that they took each other as husband and wife and, thus, they entered into a valid marriage (see Domestic Relations Law § 12; Hirsh v Stern, 83 AD3d 783, 920 N.Y.S.2d 783; Ahmed v Ahmed, 55 AD3d 516, 865 N.Y.S.2d 610). Contrary to the defendant’s contention, the parties’ failure to obtain a marriage license had no effect on the validity of their marriage (see Domestic Relations Law § 25).