top of page
Search
Writer's picturethelila500
Oct 20, 20223 min read

How To Do Love Marriage By Legal Way

Marriage has always been the most significant and significant institution in human society. Every culture has always had it, in some form or another, offering societal sanction to a physical union between a man and a woman and providing the framework for the development of the family, which is the fundamental building block of society.


Hindu law defines marriage as having three sacramental aspects:

  1. It is a sacrament union, which means that marriage is primarily intended for the performance of religious and spiritual duties;

  2. A sacramental union implies that a marriage once entered cannot be dissolved on any grounds at all; and

  3. A sacramental union implies that a marriage once entered cannot be annulled on any grounds at all

  4. A sacramental union also means that it is a union of soul, body and mind. It is a union that will last for all future lifetimes in addition to this one. The union encompasses not just this planet but also other worlds.

Even now, there are hardly many love marriages in India. Parents do not accept love marriages. In such cases couples opt for court marriages. This is the reason for most of the court marriages in India. In addition, the desire for a straightforward wedding and want to not stand out could be the reasons. In India, the Hindu Marriage Act or Special Marriage Act may be used to perform court marriages. If couples belong to different religions then the Special Marriage Act applies to them.


If a couple is from different castes, they may get married under the Hindu Marriage Act and Special Marriage Act of India.


Laws related to marriages:

  • Section 7 of Hindu Marriage Act, 1955 defines ceremonies to be performed in Hindu marriage. It talks about saptapadi.

  • Section 8 of Hindu Marriage Act talks about the registration of marriages. The state government can now set rules for marriage registration.

  • Section 4 of Special Marriage Act, 1954 explains the condition for a valid marriage: Both the parties must be single at the time of marriage. Both parties must be of sound mind.

Males must be 21 years old, while females must be 18. Parties should not relate to each other within the prohibited degree unless their custom permits them.


Procedure of court marriages in India:

Firstly, Notice of Intended Marriage in the specified form should be filed to the Marriage Registrar of the district in which at least one of the parties to the marriage having lived in the area for at least 30 days prior to the day on which such notification is provided.. The notice should be published /put-up by the Registrar of Marriage inviting objections, if any. The marriage may be solemnized when 30 days have passed after the date that notice of the intended union was issued, barring any objections. Anybody can get married at the designated marriage office.


There are certain documents required for registration of love marriage which are: Application form (notice in the form specified) duly filled and signed by the bride and the groom, proof of both partners' dates of birth in writing (matriculation certificate, passport, birth certificate), receipt of fees paid in relation to the District Court application form, Affidavits from the bride and groom, signed separately, must include the following information: confirmation that there is no relationship between the parties that falls under the Special Marriage Act's definition of a forbidden relationship, passport-size pictures of both parties, two of which have been legally authenticated by an officer in good standing In the case of a divorcee, a copy of the divorce decree or order death certificate of spouse in case of widow/widower.


In cases of court marriage, intimation letters should be given to family members, area police stations and to the SP of the district where the couple has resided. For example, if a couple lives in Mumbai, Meerut or Hyderabad and the court marriage is also done in Mumbai, Meerut or Hyderabad then an intimation letter should be sent to the SP of district, to the area police station and to the family. The intimation letter provides protection in cases of false FIR. The intimation letter should be accompanied with a marriage certificate, which serves as legal documentation of the union.


Couples can do court marriage in the registrar office where they reside. For example, if a couple resides in Noida, Patna or Pune then they can do court marriage in noida, court marriage in patna or court marriage in pune.


It is true that in India court marriages or love marriages are not acceptable by many which might result in couples facing a number of problems. The law supports the court marriages and provides them protection.


Call Us: - +91-8800788535

1 view0 comments

Comments

Post: Blog2_Post
bottom of page