Can family members raise objection on court marriage of adults

957 votes

Yes, if both the parties are residing in different cities, notice is affixed at a visible place at the office of the jurisdictional marriage registrar.

If boy and girl are of a legal age, there is no legal impediment for them to enter into a wedlock. Objections can be raised within 30 days period but they have to be legally sustainable.

Advocate Siddharth Jain LawRato

589 votes

Yes, notice will go to both address and parents cannot raise any objection after receiving of the notice because you both are adult and adults have right to do marriage as per their own wish as per catena of the judgment of Hon'ble Supreme Court of India.

Advocate Shoeb Alam LawRato

558 votes

It is an essential pre-requisite for marriage that both the parties should be of legal marriageable age. You have specified that you are of legal age then there should be no problem. It is a settled law of the land that “Right to marry a person of one’s choice is integral to right to life and liberty” the Supreme Court has held. I will mention extract from the recent verdict by the Hon’ble Supreme Court “The choice of a partner whether within or outside marriage lies within the exclusive domain of each individual. Intimacies of marriage lie within a core zone of privacy, which is inviolable.” The law is with you, so there is no need to worry. Your family can coerce you, but from a legal point of view, your choices are respected.
Do not worry about the notice. Go and talk to the lawyer who happens to be involved in the process of court marriages. In many cases, the marriage is done in a day or less than 2/3 days.

Advocate Anirudh Kanav LawRato

776 votes

Sir,objection clause is merely there so that anyone whether it’s a family member or someone else who has a valid objection like under age or bigamy. Legally no one can stop you from getting married if you fulfill all the criteria mentioned

Advocate Dhruv Sharma LawRato

647 votes

Yes, the notice will be send to your respective addresses. But one cannot object with that court marriage as you are eligible to marry. To avoid Court notice at home you can do the same day marriage from the other state and get all the formalities done on the very same day and no notice will be issued afterwards.

Advocate Siddharth Singh LawRato

75 votes

In India, court marriage is a legally recognized way for adults to solemnize their union without the need for elaborate ceremonies and rituals. It is governed by the Special Marriage Act, 1954, and is open to individuals of any religion or nationality. When adults choose court marriage, it is often because they wish to exercise their legal right to marry without interference.
Key Points:

1. Legal Right to Court Marriage: Adults have the legal right to choose court marriage without needing consent from their family members or guardians. Court marriages are based on the consent of the individuals getting married.
2. No Requirement for Family Consent: The Special Marriage Act does not require the consent of family members for court marriage. The couple needs to fulfill certain legal requirements, such as giving notice of their intention to marry and meeting the age criteria.
3. Objections by Family Members: While family members may have personal objections to a court marriage, these objections do not have legal standing to prevent the marriage from taking place. The decision to marry or not lies with the individuals involved.
4. Procedure for Court Marriage: The court marriage procedure typically involves submitting a notice of marriage to the Marriage Officer, followed by a waiting period of 30 days. During this time, objections can be raised by anyone, but these objections must be based on legal grounds, such as the individuals being of unsound mind or already married.
5. Disadvantages of Court Marriage: While court marriage offers legal advantages, such as simplicity and recognition, it may lead to strained family relationships if there is strong opposition. It's essential for individuals considering court marriage to weigh the advantages and disadvantages carefully.

In summary, family members can express objections to a court marriage, but their objections do not hold legal authority to stop the marriage. Court marriage is a legal process governed by the Special Marriage Act, and adults have the right to choose it based on their consent and eligibility. However, it's advisable for individuals considering court marriage to communicate openly with their families and address concerns to maintain family relationships.

Advocate Chikirsha Mohanty LawRato