Parents not approving of love marriage
Sir/madam. I am from Karnataka MYSORE. I and my girlfriend both are engaged in love since 6 years. And we had a good matured love in the mentioned period. Even we got engaged in physical relationship since 4 years for lot many times. In hotels and paid resorts I do have those bill document proofs for visiting.and I am having the self taken casual meeting photos and few PRIVATE PHOTOS of her which she sent voluntarily and also private voice records from her voice in some exitmenta. And I have her hand written love letters in which she promised to get marry. Also I do have whatsapp chat history of one year. But now she is going to engage with another guy because of parents force. I am not ready to lose her I can't forget those days we spent, I need her to my life. It's mentaly harrasing me I am getting so weak thinking about her. Its been 3 months without talking to her. Please i request the advocates to guide me. What exactly can I do by legal means. And how to get marry her against her parent's wish.
first analyse your conscious what prevented you for six years for not proposing your girlfirend for marriage. Don't you feel that you have never expressed her your earliest possiblity of r marrying her. A normal Indian girl who have no dare to inform about her relationship with you, cannot wait indefinitely for your proposal and she have no choice to accept parents proposal.
if You have courange, go directly with your parents to her parents and propose to marry her . In case, your proposal is refused by her parents and your girl friend is ready to marry against her parents wish, then you both shall reach any lawyers office and/or marriage registrar office in your vicinity and proceed as per procedure.
in case, your girl friend is not ready to marry you against her parents wish, then try to understand that she is not in true love with you and she enjoyed your company. it would be best for you to foget her for ever, destroy all evidence in your hand . Don't try to misuse bill documents proofs , private photos, voice records, love letters, whatsapp message etc against her as the same may put you also in trouble at any future time
Do you really want to resolve your issue or you just want to take legal action against your girl friend ? analyse my previous answer properly with facts given by you and justify/reply point wise.
If you both are adults then you can get married as per the Hindu marriage Act 955 . If you don’t wish to go through religious marriage, you can have a registered marriage under Special marriage act, 1954. The procedure for the same is:
However if the girl is less than 18 years of age and you take her with you to get married, her parents can file a case of kidnapping against you under section 363 IPC 1860.
The relevant provisions have been provided below:
Special Marriage Act, 1954
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.Section 5. Notices of intended marriage
When a marriage is intended to be solemnized under this Act, the parties of the marriage shall give notice thereof in writing in the Form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.Section 6. Marriage Notice Book and publication
(1) The Marriage Officer shall keep all notices given under Sec. 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same. (2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office. (3) Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under Sec. 5, the Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.Section 7. Objection to marriage
(1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of Sec. 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in Sec.4. (2)After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of Sec. 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1). (3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf. 8. Procedure on receipt of objection.- If an objection is made under Sec. 7 to an intended marriage the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdraw by the person making it; but the Marriage Officer shall not take more than thirty days from the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision. (2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal to the District Court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the District Court on such appeal shall be final, and the Marriage Officer shall act in conformity with the decision of the Court. 9. Powers of Marriage Officers in respect of inquiries.- (1)For the purpose of any inquiry under Sec.8, the Marriage Officer shall have all the powers vested in a Civil Court under the Code of Civil Procedure, 1908(5 of 1908), when trying a suit in respect of the following matters, namely: (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and inspection; (c) compelling the production of documents; (d) reception of evidence on affidavits; and (e) issuing commissions for the examination of witnesses;and any proceeding before the Marriage Officer shall be deemed to be a judicial proceeding within the meaning of Sec.193 of the Indian Penal Code(45 of 1960). 2) If it appears to the Marriage Officer that the objection made to an intended marriage is not reasonable and has not been made in good faith he may impose on the person objecting costs, by way of compensation not exceeding one thousand rupees, and award the whole, or any part thereof to the parties to the intended marriage, and any order of costs so made may be executed in the same manner as a decree passed by the District Court within the local limits of whose jurisdiction the Marriage Officer has his office.Section 10. Procedure on receipt of objection by Marriage Officer abroad
Where an objection is made under Sec.7 to a Marriage Officer in the State of Jammu and Kashmir in respect of an intended marriage in the State and the Marriage Officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government, and the Central Government, after making such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the Marriage Officer shall act in conformity with the decision of the Central Government. 11. Declaration by parties and witnesses.- Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the Form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer. 12. Place and form of solemnization.- (1) The marriage may be solemnized at the office of the Marriage Officer or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payments of such additional fees as may be prescribed. 2) The marriage may be solemnized in any form which the parties may choose to adopt: Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnessess and in any language understood by the parties,- "I (A) take thee (B), to be my lawful wife (or husband)".Section 13. Certificate of marriage
(1) When the marriage has been solemnized the Marriage Officer shall enter a certificate thereof in the Form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses. (2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with. 14. New notice when marriage not solemnized within three months.-Whenever a marriage is not solemnized within three calender months from the date on which notice thereof has been given to the Marriage Officer as required by Sec. 5 or where an appeal has been filed under sub-section (2) of Sec.8, within three months from the date of the decision of the District Court on such appeal or where the record of a case has been transmitted to the Central Government under Sec.10, within three months from the date of decision of the Central Government, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no marriage Officer shall solemnize the marriage until a new notice has been given in the manner laid down in this Act.
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