Discover the steps to register a love marriage, providing legal standing to the union. From documentation to legal procedures, this blog simplifies the process for a hassle-free experience, ensuring couples embark on their marital journey with confidence and clarity.
A marriage certificate is basically a legal document to prove the fact that the two individuals are married. To register for a love marriage is done either under the Hindu marriage act 1955 or under the Special Marriage Act 1954. In the year 2006, Supreme Court in its judgment mentioned that it is important to get marriages registered mainly for the safety of women in our society. In this article, we will discuss the register marriage procedure for lovers through which marriages can be registered under SMA (Special Marriage Act) 1954.
How Does the Law Recognize Love Marriage?
Law recognizes love marriages between two individuals. Love marriages are mainly inter-caste or inter-religious. It is specifically registered under the special marriage act 1954.
Marriage has different meanings in different religions for Hindus it is purely a sacrament and for Muslims, it is a contract between the parties. But in the eyes of the law, it is the social approval of a couple who wants to leave together and begin the era of a new family.
Love marriages are regarded as special marriages so all love marriages are registered under the special marriage act 1954 and not under personal laws.
The Special Marriage Act of 1954
It is a form of an act of the Indian Parliament. Its aim is to recognize the special types of marriages amongst the Indian Nationals irrespective of their faith or religion as to whether they are residing in India or in foreign nationals whatever the case may be.
Check Here to More about: https://legislative.gov.in/actsofparliamentfromtheyear/special-marriage-act-1954
Objectives of the Act
- To recognize a special form of marriage in some of cases.
- Register those marriages.
- And to apply for divorce.
Sometimes a situation might arise where two individuals fall in love and decide to marry without their parent’s consent and without following a proper religious custom. In such a case an individual can get himself/herself registered under the special marriage act 1954 in a court.
Conditions that Must Satisfy the Registrations Under the SMA Act 1954
The conditions include the following-
- During the marriage taking place, neither of the parties that is he/she should not be married beforehand to someone else. The matrimony should be monogamous for both.
- For girls, the age should be 18 years and for boys, the age should be 21 years. *
- The parties marrying each other should not be of unsound mind. The parties should be in such a mental condition as to give their free consent under section 14 of the Indian Contract Act 1872.
- It is to be noted that the parties should not fall within the category of prohibited relationships.
*Note- The age of marriage for girls has been increased to 21 years now. The issue regarding the marriage age for girls was put forward by Adv Ashwini Kumar Upadhaya.
Register Marriage Procedure for Lovers?
- The application form provided must be duly filled which shall be signed by both husband and wife.
- On the date of application form filling, the document verification will be carried out and a particular date is fixed for their appointment which is then communicated to the parties for registration.
- On that particular day, the parties must appear along with the Gazette Officer (one who was present during their marriage) in front of the ADM. The marriage certificate online registration will be issued on that particular day.
What Are The Documents Required to Register for a Love Marriage?
- The application must be filled out and duly signed by both husband and wife.
- Address proof- Driving license/Voter ID/ Passport/Ration Card.
- Birth Certificates.
- Passport size photos (2) and marriage photographs (1).
- Marriage invitation card.
- Aadhar Card.
- Self-attested documents.
- Marriage Affidavits separately.
Judicial Review of Love Marriage
The Supreme Court gave a judgment where it said- Inter-caste or Inter-religious marriages are in the national interest but they can the destruction of caste systems.
In the Lata Singh vs State of UP case, the Supreme Court gave a strict judgment- If any boy/girl who is not a minor undergoes marriage with a man/woman who is also a major then the couple should be protected from any form of harassment from their relatives. In a similar case that took place in Delhi where a girl ran away with her lover and later married her without her parents’ consent. In such a case, the court supported both of them since they have the right to marry anyone.
Justice SN Dhingra was seen quoting a statement- ‘if a minor runs away from her parents in order to save herself from their onslaught and later joins her lover, then in such a case there is no offense on either of the parties.’ Falling in love with someone is not considered to be an offense under the Indian Penal Code (IPC). Hence, there is no such law that will restrict a girl/boy under 18 years from falling in love.
What is Honour Killing in a Love Marriage?
Honour killing is a culpable homicide where an individual is harassed and killed by the family members since he/she has brought shame to the family by marrying someone whom he/she loved. This usually happens after love marriages where the parent’s orthodox thinking takes them to such an extent as if to kill their son or daughter.
Society has advanced still their mentality remains the same. According to our constitution, the right to life and personal liberty is a fundamental right for every individual where it cannot be violated and no one should be allowed to do the same. Hence, in order to protect the fundamental rights of the couple, the judiciary has taken necessary steps and this should be followed to give them protection even after marriage.
Procedure for Protection after Love Marriage
In the process, couples seeking protection must sign affidavits confirming their marriage by free will and adulthood. A legal representative files a petition in the high court, presenting arguments on the need for protection due to familial threats. Judges thoroughly evaluate the legality of the marriage and the genuine threat faced. Subsequently, the couple appears in court for an interview with the judge, delving into aspects like their marriage, financial situation, and family dynamics.
After a comprehensive review, the court issues a protection order, empowering the police to ensure the safety of the couple. This authority is derived from Section 482 Crpc, which grants the high court the jurisdiction to issue protection orders. Importantly, even couples marrying before the legal age are entitled to protection, emphasising the preservation of their life and liberty.
In various districts, protection homes serve as secure spaces for runaway couples. While their freedom is restricted, these homes ensure their safety with the presence of police guards. It is crucial to recognize that marriage is considered a fundamental right, and the Indian constitution prohibits any unwarranted interference, thereby safeguarding this essential aspect of personal choice and liberty.
Conclusion
In cases where the couples get married before their marriage age, the court marriage grants them protection in some circumstances in order to protect their right to life and liberty (fundamental right). Provisions for protection homes are provided in each and every district in order to provide protection to the runaway couples. Some of the police will be there to guard them. The couples receive full safety there.
Hence, in short marrying, a person of your own choice is a fundamental right and none should interfere with their basic right as it means violating the basic Indian Constitution. For more information related to marriage registration in India, you may find Vakilsearch handy! Our website will give you all the information related to Register for a Love Marriage processes in the country.
FAQs on Register for a Love Marriage
Is love marriage illegal in India?
No, love marriage is legal in India. The law recognizes the right of individuals to choose their life partners.
Can we do love marriage without parents' permission?
Yes, individuals have the legal right to marry of their own accord, even without parental consent. However, societal and family dynamics may vary. Also, the age matters. Need to be at least 18 years old for the legal procedures.
Can we do love marriage without parents' permission?
Yes, individuals have the legal right to marry of their own accord, even without parental consent. However, societal and family dynamics may vary. Also, the age matters. Need to be at least 18 years old for the legal procedures.
What is the age limit for love marriage?
There is no specific age limit for love marriage. The legal marriageable age in India is 18 for females and 21 for males.
Why is the marriage age 18 and 21?
The legal marriage age is set to ensure that individuals are mature enough to make informed decisions about marriage. It is 18 for females and 21 for males to promote responsible choices.
How can NRIs register their love marriage in India under the Special Marriage Act?
One partner needs to reside in India for at least 30 days before filing a notice. Both can then appear in person before the Marriage Officer for verification and ceremony. Alternatively, they can appoint a power of attorney if physically present isn't possible.
Can a love marriage be registered online, and what are the steps involved in this process?
Currently, online registration for love marriages under the Special Marriage Act isn't available. The process involves filing a notice, waiting for the mandatory period, document verification, and solemnization by the Marriage Officer.
What role do marriage counsellors play during the registration of a love marriage under the Special Marriage Act?
Marriage counsellors aren't mandatory for registering a love marriage under the Special Marriage Act. It's a civil procedure focused on legal requirements, not counselling.
What are the consequences if one party withdraws consent during the notice period required by the Special Marriage Act?
If consent is withdrawn during the notice period, the marriage cannot proceed. The notice needs to be filed again if the couple decides to marry later. There are no legal repercussions for withdrawing consent during this time.
