HOW COURT MARRIAGE’S COUPLE GET POLICE PROTECTION AFTER DIVORCE?
Court marriage procedure is a simple process in India. It is solemnized between two parties who wish to get married through Court, which is provided under Special Marriage Act, 1954. The procedure of Court marriage is helpful for the couples who wish to perform an inter-faith or inter-caste marriage. It is advised to seek proper legal guidance from an experienced Court Marriage In Delhi for the procedure of the court marriage.
Conditions Necessary for the Court marriage
As mentioned under Chapter II, Section 4, certain conditions are provided for entering into a court marriage-
- Previous Marriage- neither party shall have a living spouse at the time of filing for court marriage. Thus, the previous marriage shall not be valid.
- Consent- the parties to the marriage shall be competent to give their consent for the marriage. Thus, the parties shall be capable of understanding the situation as well to enter into a marriage.
- Age- the male must be 21 years of age and female shall be 18 years old or above.
- Prohibited relationship- it is necessary to conduct court marriage that the parties do not fall under the degree of prohibited relationship as provided under the Schedule I of the Act.
Steps for the Court Marriage-
I Step- Notice of the intended marriage
- Is to be given to the marriage officer of your area.
- You must have stayed in the area for at least a period of 30 days.
II Step- Publication of notice
- The notice shall publish in the office of Marriage officer for a period of 30 days.
III Step- Objections to Notice
- In case, an objection is raised against the application filed for the court marriage, within the period of 30 days during its publication, the marriage officer shall have to inquire its validity.
- The inquiry shall be completed within a period of 30 days from the day the objection was filed.
IV Step- Signing of Declaration
- After the inquiry, if the objection is found to be invalid, or no objection was raised, the parties would be provided with a date for the procedure of court marriage.
- The parties shall be present in the court along with the witnesses, and sign a declaration for marriage.
V Step- Place of Marriage
- The place of signing the said declaration could be the office of the marriage officer
- Any other place at a reasonable distance from the office of the marriage officer.
VI Step- Certificate of Marriage
- The marriage officer shall enter a certificate in accordance to the Schedule IV of the Act in the certificate book.
- Signed by both parties and the witnesses, such a certificate shall be the conclusive evidence of the marriage.
Divorce
Both men and women could apply for divorce on the following grounds-
- Mutual consent
- Cruelty
- Adultery
- Desertion
- Conversion
- Mental disorder
- Communicable disease
- Renunciation of the world
- In case the spouse is presumed dead
Based on the above mentioned grounds one can file for divorce either in a joint plea with their partner or in a contested divorce on the grounds provided as per the law. For further advice or guidance, you can contact an experienced Divorce Lawyer In Delhi, who explains the provisions in more detail in accordance with your case.
Lead India offers you a team of experienced lawyers, who have been dealing with the divorce cases for many years and could provide you with legal advice or assistance in your case.
Police protection
- Criminal intimidation is punishable- a person who commits the offence of criminal intimidation shall be punished in accordance with the provisions of the IPC.
- Even though the times have changed, society is becoming open-minded and is not as inclusive as it was a decade ago or so.
- However, to challenge the dominant belief of caste system is not so easy to eradicate from the society, hence the couple has to be patient and take their decisions in a calm way.
- In any case, the legal system is for your protection only and would be helpful if you approach it in a proper and organised way. Thus, before taking any step, you shall seek proper legal advice from an experienced lawyer in Delhi as to what step you shall take and what precautions are provided to you as per the law in accordance with the facts of your case.
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Lawyers In Delhi, Divorce Lawyer In Delhi, Court Marriage In Delhi
