Court marriage in J&K
pawan
(Querist) 29 December 2018
This query is : Resolved
Special marriage act doesn't apply in j&k. I want to marry my gf in court. Could u pls me sir about the court marriage procedure in j & k? And is there any legal way to elope???
Dr J C Vashista
(Expert) 29 December 2018
If the Special Marriage Act is inapplicable and same is within your knowledge, what else do you want to know ?
Local laws be asked from the lawyers practicing in the State.
What way to "elope" do you want to know is vague?
Consult a local prudent lawyer, if your question is based on true facts, prima facie it is an academic exercise/ question paper.
Vijay Raj Mahajan
(Expert) 29 December 2018
Why marry in Court? If you both are belonging to the same religion, get married according to the religious marriage ceremonie and rites. Religious marriage are valid marriage in the eye of law. Later on you can register the religious marriage with marriage registrar of your district.
Rather going for religious marriage is easier than the civil court marriage.
Otherwise too there is no Civil marriage Act available in the State of J&K, where as for both Hindus and Muslims there is local registration Acts available.
Yes if you're both belonging to different religions than you have to get married under the Special Marriage Act,1954 in any other State out of Jammu and Kashmir, for that any one of you should be living outside your state for at least one month before giving notice for marriage under this Act to Marriage Officer in the district where you have been living for one month or more. Proof of your living in the district will be required in the form of rent deed etc.
Kumar Doab
(Expert) 29 December 2018
Check at;
Arya Samaj Mandir Jammu and Kashmir
J&K official State Portal; Application Form for Marriage Certificate
Local counsles can update you on possibilities in the state; Marriage agreement in court, protection from HC
In families are against marriage then to check adverse situations IT shall be better to get protection.
In the meantime go thru;
Punjab-Haryana High Court
Virbhan And Anr vs State Of Haryana & Ors on 6 June, 2017
Crl. Misc. No.M-21444 of 2017 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No.M-21444 of 2017 (O&M)
Decided on : 06.06.2017
Kumar Doab
(Expert) 29 December 2018
Observations of Supreme Court in Fiaz Ahmed Ahanger & Ors. vs. State of J&K 2009(3) RAJ 692
The SC offered police protection to the couple and stayed their arrest. "We direct nobody will threaten, harass or commit any violence or unlawful act against the petitioner (Fiaz), the girl or the petitioners’ family members," the Bench said, though it refused to stay the police probe into the case.
Inter-religious marriage: SC asks J-K police to protect couple
Jun 04, 2015
Coming out in defence of a young couple, the Supreme Court on Wednesday provided police protection to a Muslim girl and a Sikh boy in Jammu and Kashmir, who received threats after they got married.
A vacation bench of Justices Prafulla Pant and Amitava Roy also directed the J&K police not to arrest the boy who is facing charges of kidnap, registered at the behest of the girl’s parents. The J&K police has said the case could trigger communal unrest in Jammu, where the couple lived before marriage.
The girl converted to Sikhism under the customary law before tying the knot.
Seeking SC’s intervention, both Dilar Singh and Sanampreet Kaur said the local police was duty-bound to maintain law and order. Their advocate Mandeep Reen said the police cannot proceed against Dilar on communal considerations or else they would be violating the State’s responsibility to remain neutral in matters of religion.
“They are duty-bound to maintain law and order and cannot take the plea of communal disturbances to deny the fundamental rights of the petitioners under Article 21 of the Constitution of India,” the petitioners stated in their plea.
The girl, who belonged to the Muslim community, had married the Dilar, who works for a private cable service provider, on April 2. According to the couple, their marriage led to many problems in Jammu and it became impossible for them to live without adequate protection.
The girl, hailing from Haryana, was residing "happily with her husband in Faridabad", the plea said and claimed that her parents, on the directions of a 'khap panchayat', were trying kill her and her husband. The couple has claimed they had approached the police in Faridabad seeking protection, but did not get any support.
"The petitioner had intimated the Station House Officer at Faridabad that they will be murdered as the khap of Haryana has decided to get them eliminated, but the police has not taken any step," the plea alleged.
Kumar Doab
(Expert) 29 December 2018
Jammu & Kashmir High Court
Zameer Ahmed & Ors. vs State Of J&K; on 14 September, 2017
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
OWP No.959/2016, MP No.1/2016
c/qw
561-A Cr.P.C. No.570/2016, MP Nos.2/2017, 1/2016
Date of decision:- 14.09.2017
High court orders protection to runaway Hindu-Muslim couple
Nov 7, 2009
Sabeena, a resident of Koregaon Park but originally from a Kashmiri Muslim family, met Ravi (26) when he went to Pune to pursue his MBA and fell in love. Sabeena, brought up in a strict Muslim household, inevitably faced opposition from her parents. Matters reached a head earlier this year, when Sabeenas parents took her to their native place to get her married, Sabeena said in her petition. She escaped from her house in Kashmir and got married to Ravi in a temple in Khar (W) on October 8 in accordance with Vedic rites. Sabeena also converted to Hinduism and changed her name to Anusha. The couple then found a place in the city, but Sabeenas family traced Ravis ancestral house in Bihar. The Bihar police went to his house and threatened Ravis family to give up Sabeena or face consequences. Sabeena named her father Gulam Mohammad and her brother Altaf for threatening her-in-laws. She also expressed fears that they might forcibly marry her off to another person. Sabeena and Ravi told the court that they were both adults and wished to live with each other. Ravi also told the court that they were planning to have a court marriage. The court, providing relief to the couple, was in line with a 2006 SC judgement which had come to the aid of inter-caste or interreligious couples. The SC had asked police to not to take action against couples that marry against family wishes. This is a free and democratic country and, once a person becomes a major, he or she can marry whosoever he or she likes. Even if the parents of the boy or girl do not approve of an intercaste or inter-religious marriage, they cannot give threats or commit or instigate acts of violence and cannot harass the person who opts for inter-caste or inter-religious marriage, the SC had ruled.
Kumar Doab
(Expert) 29 December 2018
Jammu & Kashmir High Court
Shafkat Iqbal vs State Of J&K; And Others on 16 March, 2018
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
HCP No. 05/2018
MP No. 01/2018
Date of decision:16.03.2018
1. This Habeas Corpus Petition has been filed by the petitioner for production of proforma respondent, Alia alias Komal Mahajan, who, according to the petitioner, is his legally wedded wife and has been kept in wrongful confinement/unlawful custody by her parents, herein respondents 5 & 6 and respondents 7 & 8.
2. Case set up by the petitioner, precisely, is that the petitioner and proforma respondent were in love. They requested their parents for their marriage, which, however, was rejected by relatives of the proforma respondent. They being capable of understanding their wellbeing/welfare performed Nikah on 24.01.2017 in accordance with Muslim Law and customs. They also executed marriage agreement on the same day and on the same day proforma respondent renounced Hindu Religion and embraced Islam at Darul-Uloom Husani Nizamia Raza Nagar, Bathindi Nallah, Jammu. As respondents 5 to 8 were harassing and threatening the petitioner and proforma respondent, a complaint to that effect was filed in the court of Judicial Magistrate, Samba in which statement of proforma respondent was recorded, who stated that she was major and has solemnized marriage voluntarily and without any coercion and that respondents 5 to 8 were threatening and assaulting her. As threats and harassment from respondents 5 to 8 did not stop so they approached this Court in OWP No. 126/2018 seeking police protection for them.
http://www.lawyersclubindia.com/experts/Want-to-elope-and-marry-with-my-gf--699306.asp
Funds would be required to meet the expenses of staying together outside parents home and you are nbot working.
The unagreebal eparents may lodge complaints including stealing etc
You are not working and thus not earning.
You are prearing for exams and criminal cases may haunt you.
You may need to get acquitted.
IT shall be better to seek proper legal advice before acting on your own.
And also to seek advice of well wishers.
Kumar Doab
(Expert) 29 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service/Civil/Criminal matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; O/o Marriage Registrar, Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/Service/Civil/Criminal matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
Be clear on all aspects.
kavksatyanarayana
(Expert) 29 December 2018
Mr. Pawan, you have posted the same query in different type. I think you have no problem and it is an academic query.
