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Writer's pictureLead India
May 25, 20233 min read

What To Do If Girl’s Parents Are Against Love Marriage ?

The procedure to be followed when opting to solemnise your marriage through the court has been provided under the Special Marriage Act, 1954. A marriage can be solemnised in the court with a court marriage officer and three witnesses present.


Two persons irrespective of their caste, religion or place of birth can apply for court marriage in their city. The law also provides for Court marriages between persons belonging to different castes or religions. There may be a situation sometimes where the parents of the couple do not agree to their marriage, the couple also has the option of court marriage.


To have a better understanding of the legal procedure involved, you are advised to seek legal assistance from experienced advocates, for instance you have decided to file for a divorce case, you may seek legal opinion from divorce lawyers in patna or divorce lawyers in Noida or your own city.


Conditions required for court marriage-

Section 4 of the Special Marriage Act, 1954, provides certain conditions required to be fulfilled so as get your marriage solemnised as per the law-

  • The parties applying for the court marriage must not have a living spouse at the time of the marriage

  • A person who was divorced or is a widow/er can apply for court marriage under the Special Marriage Act

  • Free consent is required to be explicitly given the respective parties in order to marry under this Act,

  • the court marriage will be permitted only if the bridegroom has attained the age of 21 years while the bride is above 18 years

  • the parties applying for the court marriage must not fall within the prohibited degrees of relationship neither shall be the sapindas of each other.

Document required

  • application for the court marriage shall be duly signed by both parties

  • Receipt of the fees paid for the application

  • Documents proving the date of both of the parties

  • residential address proof

  • passport size photos of both the bride and groom

  • a copy of divorce decree if either of the parties is a divorcee or death certificate in case of the death of the previous spouse.

Procedure for court marriage in India

  • Notice- A notice with the required documents shall be submitted to the marriage officer under whose area of jurisdiction either of the parties live.

  • Publishing the notice- notice for the marriage shall be published by the marriage officer in his office in such a place from where it is clearly visible to the public, for a period of 30 days from the day the notice was submitted.

  • Objection to the marriage- Any objection to the marriage application so submitted can be filed with the marriage officer within a period of 30 days from which the notice was published. If the marriage officer believes the objection raised against the marriage application is valid, he will dismiss the court marriage process. If the objection raised against the marriage application is found to be unjustified, the marriage officer will then issue a date for the completion of the process of court marriage.

  • Declaration by parties and witnesses- The court marriage form is required to be signed by the parties to the court marriage in the presence of the three witnesses declaring their intention to marry with their free consent.

  • Marriage certificate- After the court marriage has been solemnised in accordance with the rules and regulations of the special Marriage Act, the marriage officer shall enter the details in the marriage register and a marriage certificate will then be issued.

Conclusion

As could be understood from the above discussion, court marriages in India are solemnised under the Special Marriage Act, 1954. Court marriages are solemnised in legal environments and any chance of false information su\bmitted or if there is a confusion with the consent or any other similar deformity in the behaviour of the parties to the court marriage can be easily caught.


A court marriage could present a simpler option if families of the parties do not agree to their marriage. But for the sake of lifetime happiness and peace in one life, it is still advised to seek blessings as well as consent of the parents before starting their new journey.


Lead India offers you a team of experienced advocates who have successfully been assisting couples with their court marriage procedure. If you need assistance from a lawyer for various legal reasons, such as a divorce lawyers in pune or your own city, or to seek free legal advice online or talk to a lawyer, you may contact us.


Call Us: - +91-8800788535

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