Court marriage
MUKESH
(Querist) 08 January 2014
This query is : Resolved
Dear All,
I want to know what is the procedure to do court marriage. what is the document required for the marriage and is there any registration required before marriage.
and i want to know one more thing that if girl's father go to the police for lodge a FIR so what step i can take after marriage to get out of this police's problem, if i submit marriage certificate and girl's statement before her father lodge FIR so is it possible.
In april-2014 i'm planing to get marry so in delhi is court open in this month. please suggest.
Thanks & Regards
Mukesh
ajay sethi
(Expert) 08 January 2014
Court marriages are solemnized under the Special Marriage Act, 1954. Court marriage can be performed between an Indian male and a female irrespective of their caste, religion or creed the bridegroom should be of twenty-one (21) years and bride should be of eighteen (18) years of age. The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate.
ajay sethi
(Expert) 08 January 2014
the parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
The marriage may be solemnized at the specified Marriage Office.
Both parties along with three witnesses are required to be present on the date of registration/Solemnization.
MUKESH
(Querist) 08 January 2014
Hello Mr Ajay Sethi,
and what about precaution should i take if her father file a FIR.
ajay sethi
(Expert) 08 January 2014
i presume your fiancee is an adult . the statement by your wife to police that she married out of her own free will should suffice . further produce marriage registration certificate
ajay sethi
(Expert) 08 January 2014
i presume your fiancee is an adult . the statement by your wife to police that she married out of her own free will should suffice . further produce marriage registration certificate
MUKESH
(Querist) 08 January 2014
Yes Sir, my fiancee is an adult and Thanks for your help.
ajay sethi
(Expert) 08 January 2014
thanks for your appreciation
Nadeem Qureshi
(Expert) 08 January 2014
Dear Mukesh
After solemnized the marriage you can send an application before Commissioner of Police, DCP/SHO of cancerened area.
you can file a writ petition before HC for protection too.
in April Delhi court will be open.
MUKESH
(Querist) 08 January 2014
Dear Nadeem,
i'm thinking that just after marriage if i go to the police station in her concern area and give an application and her statement with our marriage certificate,before her father file FIR so would it work to get me out of police's problem.. actually i worried about my family if police come to our house and ask to my parents because my fiancee is Sikh and i'm Hindu so there is caste problem which make us to get marriage in court.
Thanks For your support and help.
MUKESH
(Querist) 08 January 2014
Dear Ajay Sethi,
Please tell me if we register for marriage before 30 days of marriage date is somebody goes to girl's house for enquiry?
ajay sethi
(Expert) 08 January 2014
have you received any threats from her parents ? do they know that you are going around will girl . ? if girl parents create problems and your fiancee is an adult she can lodge police complaint against threats received from her relatives . also lodge complaint with state commission for women .
you have to wait for 30 days after publication of notice then only marriage would be solemnised .
MUKESH
(Querist) 08 January 2014
Dear Mr. Ajay Sethi,
No i didn't get any threats from her parents or any other relative,i just want to be sure that if we register in court for 30 days notice period so any court's official will come to my or her home for any kind of enquiry?
Because when she'll left her home so for obvious reason her parents will go to the Police station and if before our marriage any court official will go to her home so it can create a problem for us.
Rajendra K Goyal
(Expert) 08 January 2014
Well advised by the expert, agree to it.
Adv. Chandrasekhar
(Expert) 08 January 2014
If you want to get your marriage registered in Delhi, at least one of you and your would show the address of Delhi residence proof. Then only, you can register your marriage in Delhi under Special Marriage Act. You can ask the registrar not to send the notice to the parents' address. Normally they send the notice to parents' address. But in 2009/2010, Delhi H.C. (Justice Ravindra Bhatt) delivered a judgment directing the registrar not to send the notice. After marriage, immediately you both will be given marriage certificate. On the basis of that marriage certificate and your wife's statement police cannot take any action against you or your family for the offence of Kidnap, if she is above 18 years of age. If you still fear, as an abundant precaution you can approach the Delhi High Court. The Court will give direction to the SHO of the area where you reside (if it is within Delhi) to attend any of your complaint in respect of threat to you and your wife, promptly and ward off any untoward eventuality. If the 30 day period is a big hurdle for you, you both can go for Arya Samaj Marriage, where 30 days waiting is not there and notice also not to be sent to the parents' addresses. But while doing so, first find out the credibility of Arya Samaj Mandir, as illegal mandirs have sprouted through out Delhi. Arya Samaj Marriage is valid as per law.
Devajyoti Barman
(Expert) 08 January 2014
Mr Mukesh you are continuously asking for same query since yesterday.
Either you do not understand English or you have some other problem.
You are repeatedly advised on this issue and now stop this thread.
MUKESH
(Querist) 09 January 2014
Hello Mr. Chandrasekhar,
Thanks For your help and suggestion & advice. your suggestion is most valuable for me because i was confused about notice to girl's parents and you cleared my doubt and confusion now i decided to go in Arya Samaj Mandir for my wedding because as i asked someone they don't send any kind of notice to girl's parents.
Thanks you so much once again
MUKESH
(Querist) 09 January 2014
Hello Mr. Devajyoti,
Sorry for asking my query as i was not cleared about notice thats why i asked but now as Mr. Chandrasekhar suggest me i'm totally satisfy and my doubt are clear
and thank you for your support and tolerate my irritating question.
