Home | Legal Advice | Marriage law | I want to court marriage with My girlfriend

I want to court marriage with My girlfriend

Estimated Reading Time:

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.

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.

Latest Advice

Wife had sexual relations with a guy before the marriage

There is a girl who was live in relationship from last 2 years. She married a person and after marriage disclosed this fact. Her husband filed a petition under section 12(1) of HMA and a case of breach of trust and cheating was also filed against her. What are the...

Marriage against the consent of parents

If the bridegroom is 21 years and bride is 22 and they want to marry against the consent of their parents. What will be the cause for this? Can they marry? Question from: Andhra Pradesh Section 5 of the Hindu Marriage Act does not forbid a marriage if it has been...

Marriage when age of bridegroom is below 21 years

I want to solemnise marriage but age of bridegroom is below 21 years. We are in a relationship for past 4 years. And we decide to get married. But the girl's family doesn't allow her to do so. They First emotionally black mailed her. But she doesn't listen to them....

Can I live in relationship with a married person?

Question: Can I live in a relationship with a married person who does not live with his wife? I love him a lot. Actually, we were wet on a dating website. I want to know whether our relationship will be valid? Can I enforce those rights available to married...

Married Hindu can marry a Muslim girl without divorce

Bigamy is banned by Section 5 of the Hindu Marriage Act. This section mandates that the marriage of a Hindu is void if he has a spouse living at the time of the marriage. If a married Hindu contracts Nikah with a Muslim girl with or without conversion, the Nikah will be void and he shall be prosecuted under Section 494 IPC for the offence of bigamy.

My sister in law hates my love affair

Personal view or observation of a person does not constitute domestic violence. The proceeding under Protection of Women from Domestic Violence Act cannot be initiated against the sister in law who is protesting the marriage of her sister in law with her brother. Such a protest does not amount to mental abuse defined under the DV Act.

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54