• Court marriage

I wlam from uttar pradesh i want to.marry a Muslim girl the problem is her parents relatives are against this marriage. Me and the girl now decided to go ahead and marry outside the concent of our parents. First court marrI age and then marry as per tradition Nikah in front of local qazi imam nikah nama. My age and girl age is above 30 years.
I have few concerns
1. How to protect myself if the brother of the girl make an FIR that I abucted the girl.
2.. FIR that I forced her to marry me
3. What's the procedure for doing court marriage.
4. How many witnesses are needed from girl side and boy side . I have two close friends they are ready to become witness are they enough 2 (male witnesses)
Please help
Asked 6 years ago in Family Law
Religion: Muslim

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8 Answers

1) the girl can make a statement before magistrate Us 164 Crpc .. She will state that she is marrying with her own consent ..2)she will be bound by her statement and in future incase of any FIR you will be safeguarded by this statement ...3) 2 witnesses are required or you can get married in arya Samaj mandir .. You will receive a certificate that will be sufficient to prove that you are married.. I can get it done .. If you are interested kindly contact me in phone.. Regards ADVOCATE HEMANT CHAUDHARY

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1) girl should execute an affidavit that she has married you out of her own free will

2) approach local police station and give letter that she is marrying you of her own free will and she apprehended threat to her and your life from her parents and brother

3) for getting married under SMA you have to fill in application form signed by both parties

4) PROCEDURE OF MARRIAGE

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.

DOCUMENTS REQUIRED FOR COURT MARRIAGE

Application form in the prescribed format with the prescribed fee

Passport Size Photographs of Marrying Persons

Residential Proof of Marrying Persons.

Date of Birth Proof of Marrying Persons.

Residential Proof and PAN Card of Three Witnesses

Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.

4)you need 3 witnesses

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

1. You can file a writ to this effect in the High Court.

2. The said FIR will cover this concern.

3. You will have to appear before the registrar of marriage and then present a petition for marriage, thereupon publication will be done in newspaper and after one month marriage will be done.

4. One from each side.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1.If the girli adult and she marries with her consent with anyone she chooses then nocase of abduction lies.

2. So even if any FIR is made once the girl gives statement to the Police about such fact then no case would be initiated.

3. However to be on the safer side do take video proof of marriage and photographs ofthe couplehaving allthe ahppy moments afet marriage,

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1. First get married as per Sharia and also register the said marriage.

2. Thereafter jointly lodge a poolice complaint alleging the her brother is threatening you to lodge a complaint against you for kidnaping his sister who has willingly married you. The said complaint should be jopintly lodged by both of you wherein she should clearly confirm that she has marriaed you as per her own wish and consent without application of any force or influence.

3. you can get the Nikanama from the Kazi and id Nika registered before the Court. Alternatively, you can also marry as per special marriage act duly ging one months notice.

4. Two witnesses are required from each side and theb said witnesses shall have to apend their signatures on the marriage register kept by the Registrar for recording the marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

No need to worry about anything. You both are major can marry with your choice.

You can also get protection from high court so no police and no family can take action against you and girl.

Don't worry you can also contact me.

Sapna Seth
Advocate, Chandigarh
25 Answers
7 Consultations

4.4 on 5.0

1. Your girl friend has to defend you by stating before the police that she voluntarily joined you and there was no force or abduction or kidnapping.

2. The police will not register FIR so soon, it will properly enquire and then only they may recommend for registration of FIR.

3. It hall be under the provisions of special marriage act, which you can clarify from the registrar's office

4. Three witnesses are required.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

1. Move the High Court through a petition for protection under Article 226 of Constitution of India.

2. You have to fill up the form and mention your address where the notices will be sent by the marriage registrar. If no objections are received within 30 days then a civil ceremony can be completed in the office.

3. 2 witnesses are required and a few affidavits will have to be filed. Engage a local lawyer for this purpose.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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