Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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m m n j 79 (boa)     12 July 2013

luv mrg :State govt can do this?

Gujarat government has asked courts not to register marriages unless there's parental consent in writing. Because these registered marriages are cases of elopement. and Guj govt wanted to stop this.

This has created problems for love marriages...

.... accoding to Times of India GR issued on 27 jun 2005. 

Any state government has right to do this kind of issance? , and what about our rights and law ?



Learning

 4 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law)     12 July 2013

If the parties are major, then legally their parents consent is not required for marriage. Guardianship in marriages among Hindus is abolished. Amond Muslims, once the person is of 15 years of age, he can marry with his or her own consent. So consent of parents is not required. So the State Government cannot issue such an order. It can be challenged in the court of law and quashed.

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Adv. Chandrasekhar (Advocate)     12 July 2013

Govt. order is illegal and liable to be quashed if contested.  Justice Bhat of Delhi High Court went a step ahead and he directed the marriage registrar under Special Marriage Act that if parties do not want, do not send the marriage notice to parents, and register their marriages otherwise they are entitled, as the love birds breaking the parochial values of caste, creed and religion go for registered marriage.

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m m n j 79 (boa)     12 July 2013

Thanks Experts,

- even we are facing the same problem to registrar our marriage, we dont have GR copy how can we challange in court?,

- all lawyers(whom we consulted) replies that it is not possible to registerd in this state...

we found some case in these 2 yrs that couple faced lot of problem- or got denied when they go for registration...  behaviour of registrar -police are very rude, they treat couples like criminal....... but in these 8 yrs no one raised voice :(

Adv. Chandrasekhar (Advocate)     13 July 2013

If the marriage is under special marriage Act, under S.8(2) of the Act, you can appeal before the District judge against the objection of the marriage officer.  The procedure is first you have to apply for marriage and after marriage officer's objection, which should be within 30 days from the date of application, you can appeal before the district judge, again within 30 days of the objection.  If the marriage officer does not entertain your application or does not give objection in writing, then you have to file writ petition in High Court seeking a direction against the marriage officer to register your marriage.

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