Court Marriage In Chandigarh
People has some confusion about the court marriage. Most of the young couple would perform the marriage with own wish. When the parents (Either the parents of the girl or boy) are not giving their consent for the marriage and gave threat warning to the couple, if they do something wrong against the consent of parents, in that case parents took strong action against boy & girl like Honor killing.
Court Marriage In Chandigarh-
A couple has two choices to perform the marriage- 1. perform the court marriage in Chandigarh, 2. register the marriage In chandigarh after solemnized the marriage.
1. Court marriage in Chandigarh will be perform before the office of marriage registrar. In court marriage, Firstly apply for the marriage in the office of marriage registrar along with relevant document and take a specific date for marriage. Here we clear that a gap between date of apply for marriage and date of marriage is minimum one month(30 days). It is mandatory provision by the law. In districts of Punjab and Haryana, Tahsildar has the power to perform the court marriage.
2. The couple could perform the marriage in any temple or Gurudawra with the all rites of Chandigarh and after that apply for registration of the marriage before the competent authority.
Why its called Court marriage ?
Now here word “Court” create some confusion between the people, generally person have a thought that for performing the court marriage a he has to go to the court and facing the judge and his question but this is not a realty. In our legal system, Tahsildar or registrar has power to gave the validity of those marriage which were perform in his presence by a legal document like a Court. That document is valid to declare a couple to as husband and wife all over the world.
After performing the Marriage if the married couple has some apprehension that somebody (Either the parents of the girl or parents of the boy) hurt them or create threat to their life because they are not agreed for the marriage of the couple. The married couple can file the petition in the Hon’ble High court in Chandigarh for seeking the protection of life and liberty. The Indian constitution has given right of freedom to marry with any person of any religion. Most of cases run away marriage ( Ghar se bhag ker shadi kerna) couple, who fulfill their desire of marriage require to file protection petition in High Court.
The runaway marriage has some adverse effects like increasing the incidents of honor killing. Thus it’s more important that those couple performing marriages like that should be highly protected. Here we are discussing about the protection of life and liberty of a couple who solemnize marriage against the wishes of their parents or who planning to run from the house for getting the marriage, hence face threat to life.
Life and Liberty is a fundamental right
The Constitution of India Part III deals with fundamental rights. Article 14 to 18 describes about Right to Equality and Article 19 to 22 gives us Right to Freedom of life and liberty to all citizens of India, irrespective of any difference of religion, race, caste , sex, or place of birth. Generally any person citizen of India having threat or fear of life and liberty can move to the petition Competent Court (Session Court and High Court) for protection of his/her life and liberty, and the Competent Court after satisfaction give directions to the police authorities to do the needful.
It’s the fundamental right of grownups to solemnize marriage with their free will and choice. But even in spite of lot of commercial and educational development still fundamentalist or conservative people think it immoral. Recent incidents of Honor killing have proved it. Still in 21th Century people think the female child as a property of family and forget that she is a human being also having desires, ideas, dreams, and a kind heart. The law seems to be on the side of free will of marry as reveals from recent judgments of Supreme Court as well as various High Courts.
After running a girl from the home, the parents of the girl give false complaint to the police for kidnapping of their girl against boy and his family member, even they very well known to this fact the girl run from the home with the boy with her wish. But with intention to harassing the boy and his family member they move to police for lodging a FIR and being a cognizable offence police has to register the FIR against all the Family of the boy. From escaping himself and family member this legal problem, couple should move the petition in the high court Chandigarh.
So when a couple having age of marriage (21 for boy & 18 for girl) and decides to solemnize the marriage against the wishes/consent of their parents its utmost important that they should be provided police protection or shelter at such place which is protected from any threat. Otherwise there is not any particular provision or law for taking police protection but the Hon’ble Courts (Session court and Punjab & Haryana high court, Chandigarh) enjoys inherent powers under section 482 Criminal Procedure Code.
What are the benefits of hiring an advocate?
When a couple decides to marry without the consent of their parents and other family members, they fear for their life. We all know to what extent these people can go to serve their selfish needs.Advocate in Chandigarh will protect these couples, especially when they are feeling helpless in their own cities.
An advocate will help to couples:
1. Performing the marriage.
2. Obtaining marriage certificate.
3. Filing the protection petition of life and liberty in the High Court.
4. Obtaining the protection order from the High Court.
Effect of High Court Order –
1. The couple can now live in their area as the police are duty bound to protect such couples after the High Court order.
2. Police will not be able to register any false case against them as those can be easily turned down by the High Court.
3. Police will also help to find a way to compromise and patch things up between you and your parents.
advocateinchandigarh.com have experience of dealing with of such cases. advocateinchandigarh.com helping the couple to perform the marriage if they want and filling the petition before the High Court Chandigarh for providing the accurate protection of life and liberty.