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parth vyas (lecterur)     11 March 2010

laws in & against love marriage

hi,

i would like to know about all laws favouring love marriage(intercaste) and any procedure which helps groom n bride from any chance of filing FIR against them by their in-laws like the groom has kidnapped bride or groom has forced bride to run away with him.

help needed..



Learning

 16 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     11 March 2010

first confirm that the age of groom is more than 21 years and age of bride is more than 18 years as on date. if it is so all the relevant acts and The Supreme court and The High court of your state will protect you, and lci members also support you. first you tell your age and confirm that both bride and groom ready to accept one other as spouse.
1 Like

Suchitra. S (Advocate)     11 March 2010

As you have mentioned that the marriage has to be intercaste, I think Special Marrige Act is the one which is most suited. If the conditions relating to the competence of persons who are going to be married,  are in accordance with the Act, then there will be no issues at all. 

1 Like

parth vyas (lecterur)     11 March 2010

hi groom's age is currently 24 n bride's is 21

Gundlapallis (Advocate)     12 March 2010

Law will neither encourage nor discourage love marriages.  As you said the boy is 24 and the girl is 21 they can marry irrespective of their caste or religion.  If you anticipate any threat from bride's relatives, inform the local police at the bride's place and seek their protection.  So that, cases against boy (or girl)  will not be registered just on complaint and moreover that will safeguard them in many other aspects.  

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 March 2010

Eye of law fells only if there is a disqualification for marriage,

Eg : one of party is minor, or not completed the age

one of them is already having a living spouse

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     12 March 2010

I do agree with all experts.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 March 2010

'groom's age is currently 24 n bride's is 21' - good. is the bride have full concent on the marriage? if it is not there, then it will be problematic. if the concent to marry to you is there then you are fully entitled to marry. i feel her gurdian oppossing the marriage, in such circumstances, better not to go in special marriage act. because they will send notice to the address - where her gurdians may keep watch. and also one month's notice is compulsary. go on a conventional marriage. catch a purohit of your confidence; get married with saptapadi and have witness of four / five persons from both sides as witness.you may also perform your marriage at arya samaj mandir. here you will get marriage certificate also - which prevent you from any attack from the side of in laws. for marriage under the special marriage act you have to find the marriage office of your locality; you both have to sign on the notice; after a month you will get married. the plus point of special marriage is you will get a marriage certificate also. sc & hc already gave several rullings in favour of such marriages. your marriage certificate will save you from all future problems. regading allegation of kidnap etc, you may inform the police station, in advance. but if you feel that your in laws are influencing the police then do not go to police.come here for further help.

Isaac Prasanna (Surat)     15 February 2011

dear sirs ,

i am of age 24 and the girl to whom i am going to get married is 21 years. I am christian and she is hindu. As it happens every where parents will not like this marriage.

I am confirmed about my parents that though they may not consider me anymore a member of their family, but they will not file a case against me.

Sir, but there is a small doubt on the side of the girl's parents. They may have a chance to file an FIR, so we are planning to leave our hometown and move to someother place and settle down.

The main problem here is that my mom is a Government Medical Superintendant, so, in case if the girls parents file a case against me will it affect my mom's job or anything like that?

How can i save myself incase the parents of the girls files an FIR against me ? Sir, I can make sure that the girl herself writes in a paper and signs that she has done this marriage willing with me.

We can not go for the court marriage under Special marriage act, because the people here know my family very well, and that may be the first biggest hinderance to my mariage.

Can you please help me out.

Ambika (NA)     15 February 2011

According to Christian marriage act 2001 a Christian( you) can get marrried to a non Christian. Since you do not want to get your marriage registered under SMA, you can have it registered in Church in your parish by a licenced priest and obtain a marriage certificate. 

The girl does not have to get converted to Christianity and that may assuage the fears of her Hindu parents that the girl has to get converted. This may weaken the resistance of her parents , and would make your parents also happy. 

The best option however is SMA but registration through Church is also OK unless later some differences crops between you and your spouse on which religion your child should follow. If that is not the case, then Registration in the Church is also good. 

Wish you the best

Isaac Prasanna (Surat)     15 February 2011

respected ambika maam,

but, i being a christian ,  i know that the marriage is impossible to be conducted without the support of the either one of the family members. And other thing is that I am from south india, so the priest will not accept the marriage .

 i need to get married in a temple, and then apply for a court marriage..

would that be right ??

Ambika (NA)     15 February 2011

Please never do that mistake. Your temple marriage would be void ab initio. A hindu cannot get married to a non Hindu unless you convert yourself to Hinduism by required ceremonies and have proof of that. 

I am sure the Church will not object to your marriage. The marriage procedure by licence is very different than the long procedure that is adopted for marriage between two Christians. It can be done in an hour's time. Speak to your parish priest. 

Never ever do the marriage in temple without having converted yourself to Hinduism..you have to go through the formal ceremony of conversion before having marriage at the temple. 

Being in South India does not make any difference as your marriage would be governed by Christian marriage Act 2001 which is applicable across India. 

Ambika (NA)     15 February 2011

Since your family is not objecting and the girl is 21 year old , I do not think there would be any problem for registering your marriage in Church, but there would certainly be problems if you go in for a temple marriage without having converted yourself to Hinduism. 

sayed Sahil Zeeshan (BDM)     30 June 2012

Hi,

 

  Sir I am a Muslim having relationship with hindu girl both of us are above the age of 24 and well educated. I just want to know if she by her own wish convert to my religion and marry me in masjid so our that marriage would be acceptable in court. And what action her parents can take against me as her father is very influencial person please help me.

Fighting for a cause (Defending court cases )     01 July 2012

 

@ sayed sahil zeeshan

 

good news that you have decided to marry your lady love but request you to weigh the consequences of such a marriage. Having a love affair is childs play but marriage is serious business. Though both of you are 24 and 21 year old and mature enough to take your decision, but real wisdom will enlighten you, may be 10-15 years from now. What we seek in a relationship is happiness and this should never turn into a nightmare. If your parents accept your marriage, at least you will have some support, otherwise there is a lot of stigma attached to interreligion/intercast marriages. After some years you should not question yourself that is this, what you yearned for and went against the wishes of your elders. We live as a society and whatever our opinion about it, we will still need the society. I don't wish to dampen your sprits and also not against love marriages. Wishing you all the best.


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