In India, love marriage refers to a union where two individuals choose to marry based on mutual affection, attraction, and personal compatibility rather than being arranged by their families or intermediaries.
Love marriages are becoming increasingly common in India as societal attitudes and cultural norms evolve. They often involve individuals from different backgrounds, religions, or castes, which can pose additional challenges due to societal expectations and family considerations.
Love marriages can be legalized through marriage registration under the Special Marriage Act or through religious ceremonies based on the couple's preferences and beliefs.
Documents Required Legalizing Love Marriage in India
Proof of identity (e.g., passports, Aadhar cards)
Proof of age (e.g., birth certificates)
Residential address proof (e.g., utility bills, rental agreement)
Passport-sized photographs of both partners
Marriage affidavit (declaring the intention to marry and providing details of both partners)
Divorce decree or death certificate (if either partner is divorced or widowed)
Any additional documents specified by the local marriage registrar's office (varies by jurisdiction)
How do you legalize love marriage in India?
To legalize a love marriage in India, follow these general steps:
Consent and Compatibility: Ensure that both partners willingly and freely consent to the marriage. Understand each other's values, beliefs, and expectations to ensure compatibility.
Marriage Registration: Decide whether to register the marriage under the Special Marriage Act or perform a religious ceremony. For a civil registration, visit the local marriage registrar's office.
Notice of Intended Marriage: Provide a 30-day notice of your intention to marry at the marriage registrar's office. The notice will be displayed publicly, allowing for objections to be raised, if any.
Document Preparation: Gather necessary documents like identity proof, address proof, age proof, and photographs. Check with the registrar's office for the specific documents required.
Marriage Registration Process: Visit the marriage registrar's office along with witnesses on the scheduled date. Submit the required documents and complete the registration process as guided by the registrar.
Witness Testimony: Two witnesses who know the couple well must be present during the registration process. They may be required to provide their identification and testify to the couple's identity and consent.
Marriage Certificate: Once the registration process is completed, a marriage certificate will be issued by the registrar. The marriage is legally established by the certificate.
Optional Religious Ceremony: If desired, couples can also have a religious ceremony or celebration following the civil registration. This is not mandatory for legal recognition but can be important for personal or cultural reasons.
Need for Protection Order in Love Marriages
It is necessary to sign affidavits attesting to the parties' free will in marriage and their status as adults.
An effective lawyer for the marriage must file a petition at the Supreme Court asking for protection.
Judges examine the petition and are persuaded by the lawyers because the marriage is dishonorable, the family is posing a threat, and there is a genuine need for protection.
The judge will interview the husband and wife about their marriage, finances, and family concerns when they appear in court.
After carefully examining the information, the police are contacted to provide security.
Under Section 482 of the Criminal Procedure Code, the High Court is empowered to issue protective orders.
Role of Judiciary: Love Marriages
Shakti Vahini v Union of India (2018) This case dealt with the issue of honor killings and sought to address the protection of couples who marry against their families' wishes. The Supreme Court laid down guidelines to prevent honor killings and ensure the safety and security of couples in love marriages.
Abdul Basheer v State of Karnataka (2020) The Karnataka High Court held that the right to choose a life partner is a fundamental right, and any attempt to interfere with the personal liberty of individuals in love marriages is unconstitutional.
You will need the help of lawyers to legalize your love marriage in India. For Court marriage in Noida, you will need the help of legal counsel in that city. For knowledge of the legalities of the Court marriage process in Ghaziabad, you can seek the help of legal counsel in that city. Similarly, for Court marriage in Delhi, you will need the help of legal counsel in that particular city.
For any type of legal consultation, you can consult and talk to a lawyer at Lead India. You could get online legal advice in India for free. Along with free legal advice online, you can also receive free legal advice in India in return from Lead India.
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