General Things to Know about Court Marriage

Actually the word court marriage is not defined any where in any Indian Acts relating marriage. Court marriage is a marriage solemnized in a law court empowered and authorized to solemnize marriage irrespective of customary laws of parties to marriage and as a result issues a Court Marriage Certificate. The existence of this concept came to light with the existence of English law. Before existence of common law the concept of marriage was based on religion or custom prevalent to parties of marriage. More over late marriages, rise in education level and increased contact among the members of opposite sex has given rise to the incidence of court marriages. The court marriage may be defined in two way :-

I. The court marriage certificate is required for official use/record as Supreme court has said in its landmark reportable judgment titled as Smt. Seema vs Ashwani Kim SCC (2) 2006, 578 or embassy purpose etc.

II. The court marriage certificate is required in case a couple wants to marry against the wishes of there families/parents and eloped from there respective houses.

Court Marriage

" The court marriage is a formal union of a man and a woman, typically solemnized by legal procedure in a law Court, by which they become husband and wife. "

In first case it is very easy to get a marriage certificate by fulfilling all the requirements according to Acts prevailing according to religion. The Hindu Marriage Act 1955 applicable to Hindus, Janis, Sikhs and Buddhists, the Indian Christian Marriage Act, 1872 applicable to Christians, the Parse Marriage and Divorce Act, 1936 applicable to parses, Muslim personal laws applicable to Muslims and more over a Special Marriage Act, 1954 is applicable to all citizens of India irrespective of there religion, caste, and nationality.

But while we talk about second one its not a easy deal, Although Indian Constitution give us right to marry with our choice but its not possible in reality due to rigid and orthodox nature of our society. No doubt the social setup has changed a lot due to education but even then the 75% population of India lives in villages, where people still dare to raise there voice for this legal right. It has been noticed recently due to media hype of honour killing cases that even then some literate and highly educated people don't wants to recognize broader ideas and lifestyle. We should have a glimpse on Hon'ble Supreme Court Judgement Chanmuniya Vs Virendra Kumar Singh Kushwara which shows that Indian Law is opening its doors for western ideas and lifestyles. So the grown ups having legal age of marriage try to fulfill there wish of marrying with there choice through legal channel with the help of Legal Expert.

What results people expects after court marriage

Usually preferred ways of Court marriage

If you are thinking about court marriage against the wishes of your parents it's very important for you to have a look at this page. First of all we should know that marriage is not a childish game its very important step of the ladder of our life. Both couples should under stand this, they should proceed only if they love each other as much as to themselves because one backward step of a single person can pull the other in a deep well spoiling his/her life. It's also important to understand that there will a big storm in between the families and one should proceed only if he/she can uplift this burden. No doubt this burden, stress, restlessness is only for a little time and which can be overpowered by properly taking resort of law. If you are strong enough you need not to follow any legal procedure because by recent Hon'ble Supreme Court Judgments it has become clear that law recognizes live-in-relationship but on the other hand you may take help of a legal expert. The usual preferred ways of court marriage are explained below step by step.

Court Marriage under Special Marriage Act,1954

The right and legal procedure of solemnizing court marriage has been provided under Special Marriage Act, 1954. The major difference between registration and solemnization of marriage under Special Marriage Act, 1954 is that in registration the parties come to court with proof of marriage ceremony already solemnized in other forms and in solemnization the marriage ceremony is performed in the Court or at any where with the permission of Court. The Section to Section 14 deals with solemnization of marriage where as the registration is done under section 15 of Special Marriage Act, 1954. The procedure in detail can be studied at marriage registration page. In brief three witness were required who should be major and notice of 30 days is given to general public and families through publication in two leading news papers as well as by post and notice is pasted at notice board in Court for one month.

Court Marriage & High Court

Generally Acts has been enacted by our parliament for all communities, regulating the guidelines, procedure of solemnizing marriage. According to all prevalent marriage acts religious marriage is legal and valid by law. So by performing religious marriage and taking marriage certificate from the concerned authorized person you can believe that you have done a legal marriage. Its different thing that eloping couples fears from there parents threat even after religious marriage solemnization. For this the petition can be filed under section 482 of Cr. p.c. for protection of life and liberty in respective Hon'ble High Courts. And the Hon'ble High Court passes appropriate order for protecting the life and liberty of the couple.

Other Ways

Some time the Advocate files a criminal complaint in Court and the statement of complainant i.e. the girls is recorded in the Court. The certified copy of the statement of complainant girl is provided to the party with assurance that police will not take action on seeing it. It is known as "Gulabi Dawa". Its not a proper and legal way of doing court marriage but it's prevalent in village communities because of less fee and illiteracy.

Court Marriage Legal Scenario As we have discuss about the different ways of court marriage at the previous page, now its also important to discuss that what is the legal scenario about court marriage.

Arrange marriage versus court marriage:- Its a natural phenomena that a person starts thinking and dreaming about a soul mate. Its natural aspect of life and nothing is immoral in such thinking because its institute of marriage which makes a difference between human beings and other creation of God having life. Its marriage which prepares a legalized path to fulfill the sexual desire (Kama) and prepares the way for procreation of society.

Arrange Marriage is a procedure in which the family members chose a bridegroom or bride for their son or daughter and taking the accent of son or daughter marriage is fixed and solemnized with he beat of drum. Anciently even the accent did not mattered but with change in education level the accent is taken these days. Human beings are rebellious by nature and there for dreams to marry with their free will. But the its not possible in a arrange marriage.

There are so many examples of rebellious nature in ancient India. A ancient scripture III (20-34) describes about eight types of marriage and one among them is titled as "Gandharva Vivah" marriage , in which man and women marry with their free will with each other but against the wishes of their parents. It can be said a love marriage or court marriage of today, where the man and women solemnize their marriage according to their free will against the wishes of their parents through legal procedure in a law court.

Why people choose court marriage:- In present scenario majority marriages in India are solemnized through arrange marriage. But the persons who are not able to convince their parents about a particular soul mate adopted the way of court marriage. The caste system is still rigidly followed in India and the parents don't allows their children to solemnize marriage with a person of other caste. India is multicultural country and Due to rise in educational level and increased contact among opposite sex pave the way in raising interaction among members of different communities and as a result leads to court marriage.

Although its 21th century or computer era but court marriage is still a tough job. The Special Marriage Act 1954 prescribes a way to solemnize court marriage in the court of District Magistrate ( D. C.) but this did not suits to eloping couples. Because every one wants to pass in first attempt, having a fear that if failed once may not repeat again. The main reasons of fear are following:-

1. Marriage can be solemnized at the residential district of either party to marriage or at district residing since month, the persons fear that if any one noticed them it will cause a hindrance in their marriage.

2. The notice of intended court marriage is posted at the notice board for a month, a notice is also issued to parents of each party to marriage and notice is also published in two leading news papers of region. The persons thinking about court marriage fear that may someone see their picture on the notice board, may their parents permanently stop them going out of home. So many question arise in the mind of of couples thinking about court marriage which are genuine also. Moreover its costly also the fee of lawyer and publication fee may go beyond the budget of couple thinking about court marriage.

3. Thirdly solemnizing court marriage under Special Marriage Act 1954 will requires the visit of court marriage couple basically two time, once at the time of presentation of petition for court marriage secondly at the time of solemnization ceremony. Bu in reality you may have to visit many a times because the District Magistrate is very busy person having lot of responsibilities he may not meet you the day you go to court and therefore you may have to visit gain and again.

4. For solemnizing court marriage under special marriage act you need three witnesses and a person identifying you. Your Advocate may identify you but need of three witnesses still remain.

5. The marriage solemnized under Special Marriage Act 1954 did not has any provision for security or police protection of court marriage couple. The rise in incidents of honour killing prove that police protection is also that much important as court marriage.

Present picture of court marriage:- So every person thinking about court marriage don't want to follow the procedure which may shatter their dream permanently. The persons thinking about court marriage wants that the marriage procedure should complete in a short span of time and police protection should be provided to them. Presently the persons thinking about court marriage solemnize their marriage in a Mandir, Gurudawara, Church or Mosque run by a reputed trust or society registered and them move to jurisdictional High Court for filling protection petition. And the Hon'ble High Court after their satisfaction issue directions to concerned superintendent of police to protect the life and liberty of court marriage couple.

Its important to know that the place where the marriage ceremony is taking place is recognized or not. Its must that the Mandir, Gurudawara, Church or Mosque should be registered maintaining records of marriages solemnized by them. Recently the Punjab and Haryana High Court deciding a petition for protection strictly held strict action should be taken against the persons running marriages shops without verifying the age of marriage couple and thereby following the illegal procedure.

So by this way a person thinking about court marriage can escape themselves from the weaknesses of court marriage and live a comfortable and prosperous life with their soul Mate. A new married life is like a brittle relationship, but only respect and love can make it strong for forever.

What Results People Expect After Court Marriage Every person grows with a dream that one day a Princess or Prince will come to give her/him joy of Heaven. Although we are in twenty first century but still the Indian society is a rigid and conservative in respect of solemnizing marriage against the wishes of parents. But history repeats itself and instead of restriction, hurdles, honour killing incidents, fear the person in true love proceed ahead and performs court Marriage which is his constitutional right conferred by law itself.

Every one dreaming about court marriage expect:-

Police Protection:- Its natural that After court marriage you will have to face the anger of your families because parents feels that their honour has ruined due to court marriage and some times in anger they go ahead up to honour killing. Its duty of Administration to save the life and liberty of court marriage couple which every couple expects. If we solemnize court marriage under the assistance of proper lawyer he always do proper arrangements for police protection till you need.

Notice of Intended Marriage:- Every court marriage couple did not wants that notice should be sent to their respective parents, there they expects that such a procedure should be adopted where notice should not be given to parents.

Order should be given immediately:- Every court marriage couple expects they court orders should be handed over to them immediately without any delay.

Summing up the court marriage couple expects that Lawyer, Advocate providing them legal services should act like a family member, so that they can share each and every thing with him. And after the completion of all procedure they can lead a comfortable life without any fear and stress.

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