Legal Advice

I want to court marriage with My girlfriend

Question: We both are in love and want to do court marriage. We don’t have any problem from my side, but From her side, their parents do not agree. So we decided to get married through court marriage. We want to get married through court marriage, but without sending a notice to her home so please advise what should we do in that situation.

Advise

You can get court marriage under the Special Marriage Act. According to section 12, the wedding may solemnise at the office of marriage officer or any other place. Marriage must perform in the presence of at least three witnesses.

Section 4 prescribes some conditions for a valid marriage. Fulfilment of those conditions is necessary for the registration of marriage. The requirements for court marriage are:

  • Parties must not come under the prohibited relationship like brother or sister etc.
  • They must be able to give a valid consent
  • Not suffering from a mental disorder
  • The bride should be above 18 years and bridegroom should be 21 years of age.
  • They not subject to recurrent attacks of insanity

You should not worry about the notice if you fulfil the above conditions. The parents can file objections on any ground mentioned in section 4. If they have objection against the marriage other than section 4, then it will not sustain.

When the marriage officer sends a notice under section 5, your parents will have no valid objection against your marriage. The marriage officer will issue a marriage certificate under section 13.

If parents object that it is inter-religious or an inter-caste marriage, this object will not sustain. An inter-caste marriage is a valid marriage.

Consent of parents is not necessary if parties are major or adult. Hence, they cannot say that marriage is aginst their wish or consent. Right to choose a life partner is a fundamental right.

Notice

Section 5 provides that the marriage officer should send a notice upon the address of parties. When parties are residing at a place for more than thirty days, then the notice will post on that address.

A permanent address is not necessary under section 5. Therefore, you can give your temporary address for service of notice. If you think that your parents can take any unlawful step, then you can take police protection.

The marriage will perform in the presence of three witnesses. Section 11 requires a declaration from those witnesses. Upon receiving the declaration, the Marriage Officer will enter the marriage in the Marriage Certificate Book. After that, he will issue a marriage certificate under section13.

If you both are Hindu, no need to go with the Special Marriage Act, solemnise your marriage in a temple and register it before the marriage registrar. You must fulfil the conditions given in the Hindu Marriage Act.

Shivendra Pratap Singh

Advocate

High Court Lucknow