• About love marriage of different religion people

Hello Sir/Madam
I just want to know few things or consequences about love marriage as I belong to Sikh religion and of 27 years old and girl belongs to Muslim Family and is of 21. Our parents does not agree for our marriage specially Girl's family. They are so strict that they do not even allow her to go out of the house without their consent. I am from Punjab and She is from Ajmer, Rajasthan. How is it possible to get married with each other with proper protection and how the procedure will be done without letting our parents know about that. Girl cannot come so far for doing all the legal procedures. Is it possible in any manner if this procedure can be done as per her comfort zone or area as We want to register this marriage in Punjab & Haryana High Court.
Asked 8 years ago in Family Law
Religion: Sikh

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25 Answers

Both of you are adult and free to marry as per your wish. Please inform your nearest police station and request to provide security in case required.

After marriage you need to get marry as per the special marriage act and obtain certificate.

You need to get help of an advocate who may help you and protect you legally to get direction from HC if required.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear friends,

I hearty congratulate and appreciate for your proposal. The lelavant laws and procedures are as follows. For more clarifications call me.

NEW DELHI: No one, either individually or collectively, has the right to interfere in a marriage between two consenting adults, a Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra said on Monday.

The bench sternly told khap panchayats not to assume the role of conscience keepers of society and said courts would go by the law and not tradition and 'gotra' considerations to determine the legality of a marriage.

Senior advocate Narender Hooda, appearing for some khap panchayats, said khaps encouraged inter-caste and inter-faith marriages as they had permitted Haryanvi men to marry women from other states given the skewed sex ratio in the state.

https://timesofindia.indiatimes.com/india/nobody-has-right-to-interfere-if-two-adults-get-married-says-supreme-court/articleshow/62796304.cms

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear friend,

I appreciate both of you for proposing to marry. The relevant procedures are as follows with link.....

Solemnization of Marriage under Special Marriage Act

The purpose of this Government Order is to ensure that the defined process of service delivery for the Solemnization of Marriage under Special Marriage

Act is followed. This would facilitate the electronic delivery of services through the instructions and guidelines as described in the following sections of the

Government order. The important components of service delivery process is being listed below –

1. Process for Registering service request for Solemnization of Marriage under Special Marriage Act

The request related to Solemnization of Marriage under Special Marriage Act can be accepted at the Common Services Centre established under

Government of India 100000 Common Service Centre (CSC) scheme under NeGP and Suwidha centers operational in the state or any other

arrangement made by Government for accepting the request, without discretion of any kind. The Government Official should now onwards accept the

service requests through electronic channel only. The applicant has option to submit a service request through any of the below mentioned procedures:

http://edistrict.punjabgovt.gov.in/EDA/Downloads/Solemnization%20of%20Marriage%20_%20Govt%20orders%201.1.pdf

Nobody has right to interfere if two adults get married, says Supreme Court

NEW DELHI: No one, either individually or collectively, has the right to interfere in a marriage between two consenting adults, a Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra said on Monday.

The bench sternly told khap panchayats not to assume the role of conscience keepers of society and said courts would go by the law and not tradition and 'gotra' considerations to determine the legality of a marriage.

Senior advocate Narender Hooda, appearing for some khap panchayats, said khaps encouraged inter-caste and inter-faith marriages as they had permitted Haryanvi men to marry women from other states given the skewed sex ratio in the state.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Just do what you should do and that is to marry her as you love her.

First, go for court marriage I sugggest as it is best way of getting married otherwise in mandir or maszid might be some problem in future.

Then, go to abroad along with her.

Ask her to come with you and drop a letter to the local police station and to commissioner of police also that she is coming with her own consent with a boy from other religion as no need to reveal his identity.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) you can get married under provisions of special marriage act

2) in the alternative girl can convert into Hinduism and you can marry under provisions of Hindu marriage act

3) marriage can be solemnised in Ajmer or in Amritsar

4) if girl parents file false case against you apply fir and obtain AB from

Sessions court

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Obtain affidavit from girl that she is marrying you out of her own free will

2) she can file complaint in

Local police station that she is being forced to marry against st her wishes by her parents

4) she can them marry you under provisions of SMA

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

If girl family file case you have to apply for bail and contest case

With court permission you can travel abroad

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

1.Since it is inter religion marriage you can perform this marriage without changing each other's religion by way of registering the marriage under Special Marriage Act.

2. The registration of marriage under SMA requires minimum one month time and it can be done at the place where your girlfriend stays.

3.There is nothing to worry about the muscle power of your in laws as once you get marriage on the wake of any theiret form her family you can always seek protection of police by filing a writ petition in high court.

4. Since both of you are adult at the time of marriage no legal action can be taken agaisnt you on the ground of this marriage.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) You can get married under Special Marriage Act, 1954

Section :

4. Conditions relating to solemnization of special marriages

Notwithstanding anything contained in any other law for the time being in force relating to be solemnization of marriages, a marriage between any tow persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely :-

(a) neither party has a spouse living; 9[(b) neither party-

(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(iii) has been subject to recurrent attacks of insanity or epilepsy;]

(c) the male has completed the age of twenty-one years and the female the age of eighteen years;

10[(d) the parties are not within the degrees of prohibited relationship :

Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship; and]

11[(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.]

12[Explanation.- In this section, "custom", in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family :

Provided that no such notification shall be issue in relation to the members of any tribe, community, group or family, unless the State Government is satisfied-

(i) that such rule has been continuously and uniformly observed for a long time among those members;

(ii) that such rule is certain and not unreasonable or opposed to public policy; and

(iii) that such rule, if applicable only to a family, has not been discontinued by the family.]

For better guidance please call via consultation call

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Respected sir/mam...

In the present scenario a person has a choice to marry within his own religion, community or caste or to marry with a person of another religion, community or caste. The former form of marriage is governed by the ‘personal laws’ or Special Marriage Act, 1954 if the couple desires whereas for the latter part if the parties desire they can opt for one of the two ways:-

Conversion

Secondly, they register the marriage under the Special Marriage Act.

Special Marriage Act, 1954

The Special Marriage Act (SMA) is not concerned with the religion of the person intending to get married. This applies to all parties who are registered under the SMA. The Act is not concerned whether the marriage took place between the people of same religion or between persons of different religion.

Besides this the Central Government also implemented Foreign Marriage Act, 1969 which empowered the citizens of India to get married abroad with an Indian citizen or a foreigner. The main feature of both these Acts is they are not concerned with the religion of the person intending to get married.

This Act contains provisions to rule inter-religious marriage and for the registration of marriage. Due to these features a marriage registered under this act is known as a civil marriage.

Conditions necessary for solemnization of marriage (Section 4)

Monogamous marriage.

The parties should be of sound mind and should not suffer from any mental disability.

The male has completed 21 years and the female has completed 18 years.

Both the parties do not fall under the degree of prohibited relationship, however it is pertinent to note that if the custom of any one of the parties allow for the marriage under prohibited relation such marriage may be solemnized.

Procedure

The procedure involved for the registration of marriage under SMA is rather simple, though certain basic conditions should be followed.

The procedure starts with the filing of an application in writing to the marriage officer of the district where either of the parties has resided for the past 30 days.

After receiving the application the Marriage officer gives a 30 days’ notice period to accept objections on the marriage of the intended parties.

The objections are entertained if they are solely on the conditions mentioned in Section 4.

The marriage officers are required to maintain a marriage notice book which contains all the details of the intended marriage.

If there is any objection

The person objecting should only be on the basis of condition given in Section 4 for the solemnization of marriage.

The objection is recorded in the marriage book with the person’s signature.

The Marriage officer has the power to inquiry of the objection.

If there is no objection

If within 30 days of the notice no person objects to the marriage of the intended person the marriage can be solemnized in any form at the office of the marriage officer or at any place in the presence of the marriage officer.

The marriage officer enters all the details in the marriage notice book which should be signed by the parties and three witnesses.

The above procedure should be in the presence of the marriage officer.

Consequences of registration under Special Marriage Act

According to Section 19 any Hindu, Buddhist, Sikh or Jain who is registered under SMA are severed from the joint family property.

However, if the marriage is an intra-religion marriage between Hindu, Buddhist, Sikh or Jain then this section will not apply.

For person married under SMA no personal laws for succession, maintenance or divorce will be applicable to them.

The succession laws will be governed by the Indian Succession Act.

The registration of marriage acts as a conclusive proof of the marriage.

The marriage is governed by the elaborate provisions of Divorce, Nullity, and Custody etc of the SMA...

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

See in your case it is not possible to registered the marriage before the registrar because the process required for delivering the notices to both the family for any objection.

One of you may change his/her religion accordingly, then you can marriage before gurudwara or some quazi and then get it registered the marriage at SDM office without any interference of anyone.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

1. If both of you have attained the age of majority then you are free to marry according to your wish under Special Marriage Act.

2. It is your case that the girl is not being allowed to even venture out of her house in Ajmer. Unless she comes out of the house the marriage cannot be done. The remedy for the girl is to file a petition for habeas corpus in the Rajasthan High Court at Jaipur and seek her release from illegal detention and also protection to life and liberty. After she is set free by the High Court she can go to your place and marry you under SMA.

3. If the girl is illegally detained at Ajmer then jurisdiction does not lie with Punjab and Haryana High Court as Ajmer falls under the jurisdiction of Rajasthan High Court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hello sir , you can register your marriage under special marriage act .. Both of you along with 2 witness have to appear before marriage registrar for registration of marriage

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Elope with her and perform a Court Marriage.

Immediately after solemnising your Court marriage, approach the Punjab and Haryana High Court to seek protection.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

This is the safest and the cleanest way of tackling the situation.

As long as your girl supports you and have full confidence in you, the girls family can cause no harm to you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Court marriage means it is not that the marriage will be done or registered in actual court of law.

The marriage solemnised or registered before a marriage registrar is called court marriage.

Your marriage can be registered under special marriage act.

You take the support of your friends and relatives who support you and get your marriage solemnised with their help.

You can ask the girl to come out of their house and as per plan you may get the plan executed to marry her and get it registered before the marriage registrar.

Once your marriage is registered, you can ask her to be confirmed about this and to refuse to go to her parents house even on the pressure by police

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

You have to chalk out plans meticulously to get married to her without her parents getting even an iota of doubt on her in this regard till the end.

She has to flee her house on the date fixed without the knowledge of anyone at her home, go into hiding, get married and then emerge.

Once married and the marriage is registered, then there wont be any police case maintainable.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

1) notice of intended marriage has to be signed by both the parties and submitted to marriage registrar office

2) notice would be displayed in marriage registrar office bit not sent to your parents

3) legal procedures would not be done in HC but in marriage registrar office

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

As per constitutional of India, I am providing you information regarding your rights and every one's Right To Live.

While applying for register marriage, provide different address and not same address where you are residing in the application.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The persons intending to register their marriage have to give notice thereof in writing in Triplicate in forms specified under second schedule under Section 5 to the marriage officer of the District in which at least one of the parties to the

marriage have reside for a period of not less than 30 days immediately preceding the date on which notice is given.

After the receipt of the notice the marriage officer shall enter a true copy in the marriage notice Book and shall cause the notice to be published in the notice board of his office and also see that the notice is published in the office of the

marriage Registrar in whose District the parties are permanently residing.

After the expiry of 30 days of notice the Sub-Registrar shall register the marriage after the Bridegroom and Bride sign a declaration in form specified in the Third Schedule in the presence of three witness and they should utter in the language known i(a) take the (b) I take b) to be my lawful wife.

By this process the marriage is deemed to have been solemnized and the marriage officer shall enter the particulars in the marriage certificate book and it will be signed by the parties to the marriage and three Witnesses.

After the above procedure is over the parties will be issued an extract of the marriage register.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Yes, this is possible. However, at least 'once 'she will have to be present in person before the Marriage Officer..

No, letter/notice will be sent directly to your parents.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

Take note of the fact that you will have to marry under the provisions of the Special Marriage Act

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The marriage can not be solemnized on the same date. Both of you will have to appear before the registrar and thereupon a publication will be made inn the newspaper and 30 days thereafter you can collect the marriage certificate.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If after the marriage you fell that there is a security threat then you may prefer a writ petition before the HC to seek appropriate remedy.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can register your self under special marriage Act and get married. You can also file police Complaint if you have threat that someone will attack you or assault you.

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

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