HOW COUPLE GET THEIR LEGAL RIGHTS AFTER LOVE MARRIAGE?
Registration for love, marriage or even arranged marriage is provided under the Hindu Marriage Act, 1955 or under the Special marriage Act, 1954. In the year, the Supreme Court held that it is important to get marriages registered especially to ensure the safety of women in our society.
How are Love Marriages recognized under the law?
As per the law, law marriages have been recognized between two individuals. Love marriages, mostly inter -caste or inter- religion, could be registered under the Special marriage Act 1954. In the eyes of the law, it is social approval of a couple who wants to live together and begin a new family.
Special marriage Act, 1954-
It is an Act passed by the Indian Parliament. Its aim is to recognize the special types of marriages between the couples irrespective of their faith or religion as to whether they are residing in India or are foreign nationals whatever the case.
Objectives of the Act-
- To recognize the marriage between the couple
- Registration of such marriages
- To apply for divorce, for which you shall contact a Divorce Lawyer In Delhi, to understand the law in a better sense.
In cases where two adults wish to get themselves married against the wishes of their family members or if a couple wish to get married without following their religious customs. In such a situation the couple could get themselves married through the Act of 1954 in a court. Thus, in case you wish to marry through court or wish to register your marriage you shall seek assistance from a court marriage lawyer in Delhi.
The conditions required as per the Act-
- Both the parties shall not be married beforehand to someone else while registering for the marriage under the Act.
- The age as per the Act, for girls is 18 years or more, while the male shall be 21 years old or above( marriage age for girls now has been changed in 21 years or above)
- The parties shall be of sound mind
- The parties shall not fall within the category of prohibited relationship.
Procedure required-
- In case of marriage registration, one can apply to the Sub-Divisional magistrate’s office under whose jurisdiction either of the couple resides.
- The application form shall be filled by the parties
- The documents after being verified, a particular date is fixed for the appointment, which is then informed to the parties.
- On the particular date, the parties shall appear along with the Gazette Officer (one present on their marriage) in front of the ADM. The marriage certificate is issued on that particular day.
Judicial approach to Love marriages-
- In one of the case hearings, it was observed by Justice SN Dhingra that if a minor runs away from her parents in order to save herself from their onslaught and afterwards joins her lover, then in such a case, no offence has been committed by the parties.
- Falling in love with someone is not an offence under the IPC. Hence, there is no law which restricts a boy/girl under 18 years from falling in love.
- In cases where the couples are minors and get married, the court grants them protection in order to protect their right to life and liberty.
- Provisions are there to provide protection home to runaway couples in every district to ensure protection to them. Police security is also provided to ensure their safety.
- Hence, marrying a person of your own choice is your fundamental right and no one shall interfere with it. In case you are facing such threats or wish to understand your rights as provided under the law you shall contact a Lawyers In Delhi.
Marrying the person you love is no crime, and the rights provided are the same as to the couples who have married through different procedures.
Lead India offers you an experienced team of advocates who have been successfully handling cases involving matters mentioned above. Thus, in case you wish to seek protection from court, divorce from your partner or file for court marriage, you may contact us.
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Lawyers In Delhi, Divorce Lawyer In Delhi, Court Marriage In Delhi
