How To Do Court Marriage In India Without Informing Your Parents ?
Date : 10 Aug, 2023
Post By admin
Court Marriage can be one of the most wonderful times in a person's life. Everyone wishes to share this special occasion with their parents. However, parents may refuse to assist their children in marrying their love. There could be a variety of reasons for this, including variations in caste/religion, inequalities in social standing, dowry demand, and so on.
When it comes to getting married, couples may confront challenges or hostility from their families or loved ones.
Such familial resistance can be caused by a variety of issues such as religious differences, caste, or other factors. In such cases, some couples may choose to have a judicial wedding without alerting their parents. Although it is a legal option, couples should carefully examine the potential repercussions and influence on their family connections.
It is fully legal and valid for partners to marry. Article 19 of the Indian Constitution allows us to marry anybody we want. Many laws do not require the agreement of their parents for marriage.
These marriage laws are as follows:
✔️ Hindu Marriage Act, 1955
✔️ Islamic Personal Law
✔️ The 1872 Indian Christian Marriage Act.
Court marriages are prevalent in India and are governed by the Special Marriage Act of 1954. A court marriage is done without regard for caste, color, religion, or creed. Court marriage is also possible for couples who practice two different religions. Simply said, court marriage is the legalization of marriage. Inter-caste and inter-religious court marriages are also possible. Interested parties can apply directly to the Marriage Registrar for a marriage certificate.
ELIGIBILITY FOR COURT MARRIAGE:-
✔️ To begin with, neither party should have lived as husband/wife at the time of marriage.
✔️ The bride must be at least 18 years old, while the husband must be at least 21 years old.
✔️ The parties must be of sound mind.
✔️ They must be able to provide legitimate consent at the time of marriage.
✔️ Both parties should be free of any mental illness or insanity.
✔️ Both parties should not be in a banned connection to any extent. (If their custom allows it, a judicial marriage can take place within a banned relationship.)
DOCUMENTS REQUIRED FOR A COURT MARRIAGE:-
✔️ Both parties must sign the application form.
✔️ Evidence of the parties' birth dates.
✔️ Both parties' residential proof is required.
✔️ The bride and groom should have two passport-sized pictures.
✔️ If the couple were previously married, a death certificate or divorce order is required.
✔️ Receipt of payments paid in relation to the District Court application form.
✔️ Affirmation by the parties that they are not related to one other in the sense of the Special Marriage Act's forbidden relationship.
IN INDIA, HOW DO YOU PROCEED WITH COURT MARRIAGE WITHOUT INFORMING YOUR PARENTS?
Here are some steps:-
1. Visit the Marriage Registrar's office in your area:
Both parties to the marriage must go to the local Marriage Registrar's office and fill out the marriage application.
2. Produce essential paperwork:
Both parties must produce necessary documents, such as evidence of age, identity, and address.
3. Submit a notice of intended marriage:
The parties to the marriage must register a notice of intended marriage with the Registrar of the district where at least one of the parties has resided for at least thirty days immediately preceding the date of such notice.
4. Notice publication:
The Registrar of the court where the marriage is to be registered publishes or posts the notice inviting objections to the marriage, and objections can be raised for thirty days from the date the notice is published.
5. Marriage solemnization:
Following the expiration of the thirty-day period and the lack of any objections, the Marriage Registrar may proceed with the marriage solemnization and registration.
6. Obtaining a marriage certificate:
After the marriage has been solemnized and registered, the Marriage Registrar issues a marriage certificate, which serves as proof of the marriage.
OTHER OPTIONS:-
There are a few options available for couples who wish to do a court marriage without informing their parents. These include:
✔️ Arya Samaj Marriage:
Marriages performed by the Arya Samaj follow similar customs to Hindu weddings and entail the use of a sacred fire. Its legality is founded on the Arya Samaj Marriage Validation Act of 1937 as well as the Hindu Marriage Act of 1955.
The groom must be at least 21 years old and the bride must be at least 18 years old to acquire a marriage certificate from the Arya Samaj. Following Vedic custom, the certificate is issued by any Arya Samaj temple following the ceremony.
After obtaining the certificate, the marriage must be registered at the sub-divisional magistrate's office in line with the applicable laws.
✔️Registered Marriage:
At the local Marriage Registrar's office, couples can select a registered marriage. This procedure is legal and does not necessitate the presence or consent of parents.
✔️Marriage in a different city or state:
Couples can choose to marry in a city or state other than their hometown. This will allow them to escape unwanted attention or involvement from their parents or relatives.
When choosing one of these choices, legal requirements and documents must be followed. Couples should get legal counsel and assistance to ensure that they are following the proper procedure and meeting all of the essential requirements.
SOME IMPLICATIONS OF DOING A COURT MARRIAGE WITH INFORMING PARENTS:-
A couple may encounter a number of challenges if they decide to have a judicial marriage without alerting their parents. Among these impediments are:
Legal Requirements:
According to the Special Marriage Act of 1954, both parties to the marriage must notify the Marriage Officer of the district where at least one of the parties has resided for at least 30 days prior to delivering the notice. This notification is also published in the Marriage Officer's office and made available to the public for examination. If the couple's parents or relatives happen to stumble across the ad, they may become aware of the marriage.
Police Verification:
As part of the process, the Station House Officer (S.H.O.) of the involved jurisdiction's police station will check both parties' residence addresses. This increases the likelihood of parents learning of the marriage through the police.
CONCLUSION:-
The choice to marry without the permission of one's parents should be made after serious thinking and planning. The spouses should put their safety and well-being first, seek legal counsel, and speak openly with their families.
While court marriage is a legitimate option for couples who face opposition or hurdles, it is critical to follow the legal criteria and examine the potential impact on family connections.
Finally, the decision to marry should be made with love, respect, and thought for all parties involved.
