• Love marriage

We are in "love marriage" that no one knows about. His parents are now arranging his marriage. Is our marriage legal?
Asked 6 years ago in Civil Law

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24 Answers

1.There is no legal consent of ' love marriage'.

2.In india the marriage can be either performed by Hindu rites and customs as prescribed in Hindu Marriage Act or it is registered under Special Marriage Act of both of you adult and both of you may not be Hindu.

3. if your marriage has been performed in either of the method then subsequent marriage by any ofyou with another person would be null and void and would attract prosecution for committing bigamy u/s 494 IPC.

4.So if you clarify what do you mean by 'love marriage' I can advise further.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

If you are already married and your wife is aware of your arrange marriage then your marriage will be a bigamy marriage and it is punishable under law it is better to disclose with the family that you are already married and you need to continue with this marriage even you are married in temple that is same as you are married anyway this is acceptable by law and have the same effect

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1) No, In eyes of law you don't have any proof of marriage, that marriage was solemnised by custom or registered marriage.

2) you can get registered your marriage as per The Special Marriage Act, 1954

Under section 4

4. Conditions relating to solemnization of special marriage.-

Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two 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:

(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;

(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

(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.

Explanation- In this section, "customs, 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 issued in relation to the members of any tribes, 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 is applicable only to a family, has not been discontinued by the family.

3) What you are thinking after marriage with other person. you both will be still live together and the marriage is for just sack of formality. This is not joke, the other New partner will take action against you both.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Hello,

1) You are not married and are in a live in relationship. To give legal validity to your relationship you must perform a marriage inner any approved rites or ceremonies.

2) If you allow him to go ahead with the arranged marriage yours will be an illicit relationship and you will cause trouble for him and you.

3) This is not OK and legally has no sanctity. Either he has to take a stand and give legal standing to your relationship through a valid marriage or end your current relationship and go ahead with the arranged marriage. Otherwise it will be like travelling in two boats at the same time.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

I presume you both are Hindus .You have not been marriage as per customary Hindu marriages rituals

Your marriage is not legal

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Your faiancee is free to go in for arranged marriage

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You cannot stay with your boy friend if he marriages another girl

His wife will never agree to such an arrangement

Your boy friend should not marry the girl and ruin her life

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

This is not marriage and hence neither ofyou cna claimany legal right over each other.

Now if you wish to avoid her getting married to another person then either visit a temple and marry her as per Hindu rites and customs or register your marriage under Special Marriage Act.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Registration of marriage is a mode of proof of marriage.A marriage is a legally recognized union of a man and a woman, which thereto raises rights and obligations between them. Cohabitation in the truest sense of the word means when two people live together in such a way that it resembles marriage but without a legal union. A living arrangement in which an unmarried couple lives together under the same roof in a long term relationship that resembles a marriage is known as a live- in-relationship. Live in relation which can also be referred to as cohabitation, in essence, is an arrangement whereby two people agree to live together on a permanent or long term basis in a sexually and/or emotionally intimate relationship.

In the above conditions your marriage can not treat as a valid one. Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

If the marriage has been conducting as per Hindu rights and rituals then your is a valid marriage.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

His second marriage during subsistence of the first marriage will be a nullity.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If you have not taken 7 rounds around the pious fire then you are not married

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

See, if first marriage was solemnised as per the customary rituals of any of the parties along with atleast 2 witnesses then only that marriage is legal. And subsequent marriage will remain as null and void.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hi, for proper legal marriage you have to perform as per Hindu rights and ceremony , then only it will be considerd a legal marriage ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Your love marriage is having no sanctity under law.

To give you Marriage a Legal Status, either perform a court married or get married in accordance with the applicable rites, rituals and practices, for ex., if you and your boyfriend are Hindus, you could get married in an Arya Samaj Mandir.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

If your boyfriend will contract the arranged marriage, you'll never ever be able to marry him legally, till such time as him arranged marriage subsists.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Q. We have vowed to each other before our God. Not on paper or before magistrate. His arranged marriage to him his formality. We will still live together. She will live with his parents. Is this ok?

No, this is not ok or the proper way of tackling this situation.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Hell

Just gone through your mail. But seems the same is in complete information. However, as what you have stated herein, i would like to advice you that if the love marriage was solemnized in temple ( registered) or special marriage act then its okey. But if the same is solemnized in front of god ideal is not valid in accordance with law. Secondly you stated that your love one has solemnized arranged marriage it mean the said women is legally wedded wife not you. Living together is not a big issue. But if your male friend wife come to know about this fact, then its possible she can file a complaint in the court for adultery against your male friend.

Regards

G.L.Soni

Advocate

G. L. Soni
Advocate, New Delhi
92 Answers
3 Consultations

5.0 on 5.0

Hi

Assuming that both of you attained age of Majority in compliance with the laws of the land.

Did you get married by following due procedures / rituals of your religion?

If it is done your marriage is valid.

Reply to your 2nd & 3rd Query:

It is not acceptable. Need to take consent of the other lady also.

If your marriage is legal. then his second marriage is illegal.

It will cause lots of complications both civil and criminal.

The life of your husband will be at stake.

Suggest you, not to get into this non sense.

Straight away have transparency and go ahead in life without hiding any thing.

WORD OF CAUTION:

LIFE AND PEACE OF THREE FAMILIES ARE AT STAKE. (Your family, your husband's family and the other lady's Family, apart from the lives of three of you).

Good Luck & May God Bless You !!!!

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Love marriage or any marriage, if there is evidence for the solemnisation of your marriage with him., then you can very well take steps to stop his proposed marriage with another girl

As it is that marriage will be void during the subsistence of previous marriage.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

will not object to arranged marriage ... Do not want to cause issue..is that ok?

Is he once again going to marry you with his parents' consent as per arranged marriage customs, then what is the problem with you.

Just dont make any fuss over the issue.

The subsequent marriage no doubt will be a just formal marriage function or reception in the eyes of law, it will not hamper your future.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

We have vowed to each other before our God. Not on paper or before magistrate. His arranged marriage to him his formality. We will still live together. She will live with his parents. Is this ok?

Your each query is misleading.

If he is getting married to any other girl while he is married to you then it is illegal and invalid.

However you do not have any evidence for the solemnisation of your marriage with him then it cannot be considered as a legally valid marriage with him.

Once there is no legally valid marriage with him, then you dont have any marital rights on him.

You cannot do anything if stops coming to your forever.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Y ruining ur life along with newly wed, Whats her fault . if the guy don't dare to speak about ur relationship. What men he is .

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Dear Madam,

It is not so easy to continue your relationship with your boy friend even after his arranged marriage. Such relationship attracts IPC offence which is as follows:

Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

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