LawRato

Can family members raise objection on court marriage of adults ?


08-Jul-2024 (In Family Law)
I am planning to do court marriage. Gal is above 18 and boy is above 21. After applying for court marriage, will notice goes to address of both? if yes, can anyone raise objection with reason that they don't want this marriage. Both belongs to Hindu religion, how to do court marriage without informing parents ?
Answers (6)

Answer #1
396 votes

In India, court marriage can be legally conducted without parental consent or notice. The Special Marriage Act, 1954, allows two consenting adults to marry regardless of their religion or caste, without requiring parental permission or notification. While the law doesn't mandate parental notice, the Marriage Officer does publish a notice of the intended marriage to the public, which may indirectly inform some parties.

Helpful? LawRato LawRato
Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
Chat with Advocate Chikirsha Mohanty Chat 
Answer #2
766 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.
Helpful? LawRato LawRato
Advocate Siddharth Jain

Adv. Siddharth Jain

LawRato Delhi | 25+ Answers
Chat with Advocate Siddharth Jain Chat 
Answer #3
815 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.
Helpful? LawRato LawRato
Advocate Siddharth Singh

Adv. Siddharth Singh

LawRatoDelhi | 25+ Answers
Chat with Advocate Siddharth Singh Chat 
Answer #4
986 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.
Helpful? LawRato LawRato
Advocate Shoeb Alam

Adv. Shoeb Alam

LawRatoDelhi | 25+ Answers
Chat with Advocate Shoeb Alam Chat 
Answer #5
532 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.
Helpful? LawRato LawRato
Advocate Anirudh Kanav

Adv. Anirudh Kanav

LawRatoDelhi | 25+ Answers
Chat with Advocate Anirudh Kanav Chat 
Answer #6
999 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
Helpful? LawRato LawRato
Advocate Dhruv Sharma

Adv. Dhruv Sharma

LawRatoDelhi | 25+ Answers
Chat with Advocate Dhruv Sharma Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Family lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato