Need advice regarding court marriage

957 votes

This is a verry simple process and no complications thing is you both should be atleast of 21 and 18 then you can definitely go for a court marriage and no case or charges will be applicable on you...

Advocate Brij Bhushan Pandit LawRato

588 votes

Dear Citizen,
Court marriage is not an offence. Couples who have attained majority out of their free will are capable of entering into marriage. No criminal case can be registered against you.

However please keep in mind that:
1. Girl is not below 18 years of age (21 for boy).
2. Neither of you are already having a spouse living.
3. Your relation should not fall within the degree of prohibited relationship as per your personal law.

I would further advise that there is always a probability of family of the girl registering false FIR of abduction and rape against the boy. Therefore in that case, the statement given by the girl to police under 161 Cr.P.C are of great value. Sometimes the family of the girl succeed at convincing her to return home and lodge complaint against her spouse. This can make the matter critical as it becomes a criminal case. Often the police takes bribe from both the sides and take advantage of of boy's situation by threatening him with imprisonment. So make sure that the girl does not bail out from the relationship or else there will be a lot of trouble.

Advocate Apoorv Pandey LawRato

718 votes

Dear,
Court marriage is governed by the special marriage act, 1954, which allows parties from different religion to get married and its procedure is quite easy.
Chapter II, section 4 of the act laid down certain condition of the marriage under the act.
There are basically 6 steps for the marriage under this and these are:-
1. Notice of intended marriage
2. Publication of notice
3. Objection to Marriage
4. Signing of declaration
5. Place of marriage, and
6. Certificate of marriage
You don't need to worry about it and you must go for it, in case if you need any kind of assistance contact me.

Advocate Aamir Zafar Khan LawRato

701 votes

Individuals from any religion can opt for a court marriage. The law is clear about it. You can belong to the same religion or two different religions. It does not affect the process of court marriage.

Indian laws still do not allow same sex marriages. So, the marriage can take place only between a male and a female.

Moreover, the law says that any two persons can get married under this act. The condition is they should fulfill the eligibility criteria. This means that it is not compulsory to be an Indian citizen for getting married under this Act.

Both the bride and the groom must fulfill the following conditions.

They should not have a living husband/wife at the time of marriage.
They should not be incapable of giving consent due to unsound mind.
Even if they can give consent, they should not have a mental disorder which makes them unfit for marriage or having children.
They must not suffer from insanity or epilepsy.
The bride should be at least 18 years old and the groom at least 21.
Both parties must not be within prohibited relationship with each other.
You can find the details of such prohibited relationships below. People within such relationship cannot get married under this Act.

Advocate R.K. Gupta LawRato