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Rising Trend of Love Marriage and Its Legal Procedure

Rising Trend of Love Marriage and Its Legal Procedure

If you happen to be in love with a girl who belongs to a religion different from yours, you are in for an obstacle race. Indian society is still largely conservative with the major type of marriage being arranged marriage rather than love marriage in India.

Inter-caste and inter-religious marriages are called as ‘love marriage’ as they are not arranged between families but is the result of two persons falling in love with no consideration of caste or religion. Love marriages in India are frowned upon in most communities but have got legal sanction from the law courts.

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The courts have ruled that there is no law that prohibits a girl or boy from falling in love and falling in love is not an offense under the Indian Penal Code.

In India, the tradition is that when a girl or boy reaches a legal age of marriage, the family starts looking for a suitable bride or groom. They look for compatible social status, financial status, and general compatibility. Marriage of young ones is a prestige issue for elders.

But the situation is changing fast. Education has expanded in the country with more and more students becoming g socially and geographically mobile. An educated person seeks a life partner according to mutual chemistry as incompatible education and attitude rather than the issue of caste and creed.

When a young person marries a partner of his/ her choice with or without the consent of parents and relatives, such a marriage is called a ‘love marriage’. In earlier times, the girl was never consulted in the issue of marriage. But, nowadays, thanks to being educated, a girl has the power to choose a groom of her choice.

Love marriage is a sign of progress in our society. More and more couples are going in for court marriage. Civil marriage or court marriage is a marriage solemnized as per the Special Marriage Act of 1954. It allows persons of different castes, religions, and nationalities to wed each other.

One must take the help of a love marriage advocate Chandigarh to wade through the perilous waters of love marriage. The main issue is to negotiate and secure the permission of parents to solemnize an interreligious, civil marriage.

In the situation of facing stiff opposition from family, relatives, and community, the couple is left with no choice but to elope and conduct a court marriage. In this procedure for love marriage, the couple faces two types of situations:

• Being cut off from family and any inheritance or property rights

• Facing the danger of life and security

Being cut off from inheritance of family property is a common and not so serious result of love marriage. But a threat to the life of the couple as in honor killings must be taken with great seriousness.

All Indian citizens have the freedom to marry anyone of their choices as well as to secure protection from threats to life and liberty. The ratio of honor killing is very high in Punjab and Haryana. The Supreme Court has given directions to the high court to take action to provide protection to run away couples.

Petition for the security of love marriage in Chandigarh must include the following conditions:

• The parties must be residents of Punjab and Haryana

• The parties must face a threat of liberty and life.

• Parties must have proof of marriage like marriage certificate, photographs, etc.

Thus, a couple who has gone for love marriage or court marriage has the law on their side as protection.

Procedure for doing love marriage in Chandigarh

  1. Notice of Intended Marriage
  2. Publication of Notice
  3. Objections to Marriage
  4. Signing of Declaration
  5. Place of Marriage
  6. Certificate of Marriage

 

    1. Notice for doing court marriage in Chandigarh –In order to do court marriage in Chandigarh, prior notice is sent to the marriage registrar; implicating the interest of getting married. The notice is to be given by both parties. The notice should include the following points –

      NOTICE OF INTENDED MARRIAGE

      To the Marriage Officer of the __________ District.

      We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnised between us within three calendar months from the date hereof.

      Name: ____________

      Condition: _____________

      Occupation: _____________

      Age: ________________

      Dwelling place: ___________________________________________________________________

      Length of residence: _______________________________________

      Permanent place of residence: _____________________________________________________

      Groom’s Name (Choose One):

      1. Unmarried

      2. Widower

      3. Divorcee

      Bride’s Name (Choose One):

      1. Unmarried

      2. Widow

      3. Divorcee

      Witness our hands this ____________ day of 20__

      (Signed) Groom

      (Signed) Bride

    2. Publication of Notice
      The notice that has been served to marriage registrar will be published at a conspicuous place in the office and one copy in the office of the district where the other party permanently resides.
    3. Objections to Marriage
      Any person who raises objection to the marriage based on – valid previous marriage, valid consent, age, fit for procreation, and prohibited relationship. And if the objection stands any real status the marriage officer will examine its facts. If the case any fact proves true then the marriage cannot be solemnized.
    1. Signing the Declaration
      Both the parties getting married and the three witnesses will sign the declaration. And it will also be signed by the marriage officer.  Sample of Declaration
    2. Place of Marriage
      The office of marriage officer or any other place within a reasonable distance can be the place of marriage.
    3. Certificate of Marriage
      The marriage certificate in the form specified in Schedule IV of the act in the marriage certificate book. If signed by both parties and three witnesses, such a certificate is conclusive evidence of the court marriage.

Concerned Department & Authority

The parties can approach the Offices of the concerned  Tehsildar-cum-Registrar of Marriages and submit the application forms relating to marriage certificate in the Office of the concerned Block or the office of district magistrate of relevant block or district.

For a detailed notion about the entire process, you can read our blog Procedure Of Court Marriage In Chandigarh.


AdvocateinChandigarh
has huge experience in dealing with such cases. We are 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.

If you would like to contact us for any reason please call us 9914328749 or email us using advhighcourt14@gmail.com

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