• Arrange marriage with no objection

I'm a 34 year old male . Owning a small business. . Never married . And my friend engaged me with her sister. Age 30 . She totally accepts me . But there parents do not agree with our marriage. Because I'm a Christian . .the girl converted into Christianity a few years ago.but there parents are not . They dont give us the consent to marry. The girl doesn't live with her parents. Anymore . But currently lives with her sister which is (my friend ). We want to marry but without any disturbance or the fuss that will occur while court marriage if there parents lodge false compliant against me .is there any legal action the we can make against then .for security and no objection while our marriage . Let me know
Asked 8 years ago in Family Law
Religion: Christian

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12 Answers

Since both are Christians and adult you are at liberty marry each other

2) you don’t need her parents consent

3) girl should file NC in local police station against her parents

4) in case her parents file false complaint girl testimony would help you in quashing the case

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Two consenting adults can marry at will and there is no legal abr to stop them from marrying each other.

2.So except personal problem which is likely both of you can safely proceed marry and register your marriage.

3. Since both of you are adults no complaint of force or underage marriage can be alleged agaisnt.

4.if they cause lot of problem you seek recourse of alw to protect yourselves from illegal activities from the family members from any of you.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hello,

After getting married you can file a writ in the High Court and seek protection of the police.

No need to worry, since youbtwo are adult and have the capacity to marriage and no one can interfere with your liberty.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Respected sir..

You and the girl whom you want to marry both are major and independent and as per article 21 of indian constitution you both have right to decide your life partner ..If the girl is within your consent no need of worry just go ahead you can marry each other then there parents can not do a single step against you both ...

Advice ...Just do court marriage and there your statements will be recording in front of judge and that will help you alot that girls consent had been obtained without any pressure..That will help you if girls parents even tries to take any Legal action against you...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Firstly, if you and your going to be partner are above the age of majority then no one can do anything to you both.

Secondly and Lastly, if her parents trouble you further then simply file a complaint against them as no one from their side can lodge a complaint against you.

Good Luck for your future...|

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Hi,

Both of you are adult and free to take any decision about your marriage religion and life you can practice any religion of your choice no one can force you to follow his wish to get marry and to practice any religion you may go ahead and get married

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. There is a solution for every problem in law.

2. I can imagine how difficult this situation would be for you and your partner. I believe that you yourself need to decide that how much important is your parent’s agreement to your wedding to you because they might accept you in future or they might not at all. If they burn all the bridges with you, will you stay happy in your new life. Ask all these questions to yourself and then decide. But yes, be honest with yourself. Be confident of your whatever choice you make and then try to make it work.

3. Legal options are always available for you.

4. Our Constitution of India gives both of you a right to marry with free consent.

5. Make sure you marry and register the marriage. 

6. You can also ask the girl to execute an affidavit stating her age (to show she is an adult) and that she is marrying you out of her free will. 

7. She can go to the police and lodge a report stating her intention to marry you off her own free will and apprehending obstruction and disruption from her parents / family. As she is an adult, whom to marry is entirely her own sweet choice.

8. Make sure both the parties want the marriage otherwise at a later stage, the girl should not support her parents version and get you in the tight spot

9. You both can also intimate the Super-Intendent or Commissioner of Police about the apprehended obstruction to your marriage, and request for protection and security.

10. Plus the law of the land supports two adults getting married by choice. No parent/guardian can do much about it.

11. Once you decide to marry, do it before an Advocate, and in presence of two witnesses, to ensure that your marriage is registered and testified for.

12. Also, your partner's testimony, her consent is of prime importance. And therefore, since both of you are adults, and she has agreed to be your wife, she can give her statement in writing as well.

13. Be strong and all the very best for your future.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

1. FIRST YOU MUST BE STRONG ENOUGH TO FACE ANYTHING NOT ONLY IN MARRIAGE BUT ALSO IN BUSINESS.

2. GO AHEAD WITH MARRIAGE, NOTHING HAPPEN, NEGATIVES LEADS YOU NO WHERE ONLY TO GRAVE YARD. YOU MARRY HER UNDER THE FOLLOWING ACT

Special Marriage Act. Let us discuss 10 of those things-

Scope of the Act

The Special Marriage Act deals with inter caste and inter-religion marriages.

Inter-caste marriage is a marriage between people belonging to two different castes. Gone are the days when people used to marry blindly wherever their parents decided them to. Now the youth has its own saying and choice and they prefer getting married to someone who has a better compatibility with them rather than marrying someone who belongs to their caste or their religion. It is them who have to live with their partner for the entire life and thus caste or religion is not a matter of utmost consideration at all now. Love is a beautiful emotion and it should not be weighed with something like caste or religion. All religions are equal and marriage amongst it should not be a big deal. Caste or religion is conferred on us by birth and not by choice, then why are people of lower castes seen with shame and disdain? India is a diverse country and things like this that happens here, is a thing of pity. Thus, the Special Marriage Act is a special legislation that was enacted to provide for a special form of marriage, by registration where the parties to the marriage are not required to renounce his/her religion.

Application of the Act

This information is the most important one for every Indian to know as it is through this that they can avail them. This Act covers marriages among Hindus, Muslims, Christians, Sikhs, Jains and Buddhists. This act applies to every state of India, except the state of Jammu & Kashmir. This Act extends not only to the Indian citizens belonging to different castes and religions but also to the Indian nationals living abroad.

Requirements

As Indians believe in marriages with proper rituals, customs and ceremonies involving pomp and show & extravagant celebrations, the Special Marriage Act does not require any of them. The basic requirement for a valid marriage under this Act is the consent of both the parties to the marriage. If both the parties are ready to marry each other, that suffices it; here caste, religion, race, etc. cannot and do not act as a hindrance to their union.

For marriage under this Act, the parties need to file a notice expressing their intention to marry each other, with the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for at least 30 days preceding the date on which such notice is being filed. The marriage is then said to be solemnized after the expiry of 30 days from the date on which such notice has been published. But if any person related to the parties objects this marriage and the Registrar finds it to be a reasonable cause of objection, then he can cancel the marriage on such grounds. For a valid marriage, it is also required that the parties give their consent to the marriage in front of the Marriage officer and three witnesses.

These are the basic requirements for a valid marriage under the Special Marriage Act, which every Indian must know.

Conditions

The conditions required to be followed for this special form of marriage is not very different from the requirements of other normal marriages, which happen within the caste. These are the conditions to be eligible for a marriage under this Act: –

The bridegroom must be at least 21 and the bride must be at least 18 years of age at the time of marriage. This is the minimum age limit for a boy/girl to marry, respectively.

Both the parties must be monogamous at the time of their marriage; i.e. they must be unmarried and should not have any living spouse at that time.

The parties should be mentally fit in order to be able to decide for themselves e., they must be sane at the time of marriage.

They should not be related to themselves through blood relationships; i.e. they should not come under prohibited relationships, which will otherwise act as a ground to dissolve their marriage.

Changes with the Emergence of Special Marriage Act in India

Since it is known that inter-caste or inter-religion marriages are still considered a taboo in our country the establishment of Special Marriage Act was a great urgency.

If we look at the positive side of these marriages, we can find that they have added to our national integrity. Unlike earlier times, nowadays people are attracted more to the opposite sex, belonging to other castes and seldom end up considering the communal side of it. People from higher castes tend to fall in love with people from lower castes and get married to them. What is important is the amount of love and affection between them regardless of the status and community they belong to. What we need to know is that Every Indian should change their mindset about the caste system in our country and appreciate marriages between different communities and religion. India is progressing with the increasing influence of education and thus they must know about the advantages of Inter-caste marriages too (yes there are advantages).

These marriages encourage equality amongst the citizens and as a result of it people try to interact more with each other and understand and respect each other and their differences. It sets an example for other people that how love and respect can create a free and happy generation, which is above the caste system and the evils of it.

Legitimacy of children

A marriage is said to be void, where the conditions mentioned in point no.4 are not met with, and the children from such marriages who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act as mentioned in Sec.26 of the act.

Application on succession Rights

Another important point that every Indian should have knowledge about SMA is that, the succession to property of persons married under this act or any marriage registered under this act and that of their children will be governed under the Indian Succession Act. But, if the parties to the marriage belong to Hindu, Buddhist, Sikh or Jain religions, then the succession to their property will be governed under the Hindu succession Act.

Restriction on Divorce during 1st yr of marriage

Any person married under the Special Marriage Act, must know about this important provision of the Act. The parties cannot petition for divorce to the District court unless and until one year has expired from the date of their marriage as registered in the marriage books. But, in cases where the court is of the opinion that the petitioner has suffered exceptional hardships or the respondent has shown exceptional depravity on their part, a petition for divorce would be maintained, but if any misrepresentation is found on the part of the petitioner to apply for divorce before the expiry of 1 yr, the court may if any order has been passed, state the order to take effect only after the expiry of 1 yr, as mentioned in sec. 29 of the Act.

Can they remarry?

Talking, about the option of remarriage available to marriages of persons registered under SMA, one important thing that has to be paid attention is that, where the marriage has been dissolved and there is no right of appeal available, or there is no petition made for it in the required period, or appeal if presented is dismissed, then the parties may remarry, as provided by the Act.

10. The general and legal Understanding

The general understanding is that only marriages in one’s own caste is sacred and auspicious while the legal aspects of it as discussed above, doesn’t make marriages under this act any less sacred or valid. Our Law under its provisions gives the right to every citizen to marry any person of their choice and have a happy life. But this opinion is supported as well as criticized by many. Some consider it to be valid, some not. The influence of arranged marriages over the love marriage has brought about this situation, which even after judgements and laws being passed more often in this respect, hasn’t brought about a major change in the mindsets of people who are in support and opinion of marriages within the religion and caste.

Conclusion

Hence, the above discussed general and legal aspects of Special Marriage Act, holds high importance not only for the people who have registered their marriage under the act but also to all the citizens of the country in order to have a better understanding of the law and treat the marriages between different castes and religions to be equally sacred and auspicious like the marriages between one’s own caste. With my article I assume to have made my point on Special Marriage Act which every Indian should know, and once they know, the country will surely become a better place to live with the crimes of honor killing and torture etc. to come to an end.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

`1. You are free to marry under Special Marriage Act.

2. When you apply to be married the registrar will send notices to the addresses mentioned in the application form to invite objections and also affix the notice on the notice board of the office.

3. If no objections are received within 30 days then a civil ceremony can take place in the office of registrar.

4. If any false case of abduction is lodged then you may approach the High Court through a petition for quashing of FIR.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Client,

U both are major. Law is helpless in such matters and don`t support parents, on the contrary, if parents disturbs the solemnization, u can file police complain against them,

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi

Let me make it clear to you that if the girls consent is with you then you have no problem in marriage from any person who so ever.

Her parents cannot create any problem to you.

Apply for court marriage and police protection stating that you have threat from her parents then police will keep a check on them.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If you both are majors by age and not prohibited otherwise by law to marry each other, nobody can stop you from marrying each other.

Since she has converted herself to Christianity, your marriage can be solemnised as per Christian religious rites itself and under Christian law..

No complaint with the police or with any authority shall be maintainable, in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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