Can runaway couples do court marriage?

Answer By law4u team

Yes, runaway couples can get a court marriage in India, provided they meet the legal requirements outlined in the Special Marriage Act, 1954 or other relevant marriage laws. The process allows couples to marry without the need for religious ceremonies and is often used by individuals seeking to marry against the wishes of their families or in situations where they feel the need to avoid societal pressures. In such cases, a court marriage can be a legal and safe route. Steps and Legal Requirements for Court Marriage in India For runaway couples, the process of a court marriage is essentially the same as it would be for any other couple. The procedure, though, ensures that both parties are marrying of their own free will and have the legal capacity to do so. Legal Requirements Under the Special Marriage Act, 1954 The Special Marriage Act, 1954 is the primary legislation governing court marriages in India. It allows individuals of different religions, or from the same religion, to marry without any religious rites or customs. For a marriage to be valid under this Act, the following conditions must be met: 1. Age: The bride must be at least 18 years old. The groom must be at least 21 years old. If either of the parties is below the specified age, the marriage will not be valid. 2. Mental Capacity: Both individuals must be of sound mind and capable of understanding the nature of the marriage contract. Neither person should be mentally ill or unable to understand the nature of the marriage. 3. Marital Status: Neither party should be already married to someone else at the time of the marriage. If either party is already married and has not legally separated or been widowed, they cannot marry again unless their previous marriage has been legally dissolved. 4. Relationship by Blood: The couple should not be related to each other in a way that would prevent them from marrying under the prohibited degrees of relationship (e.g., siblings or close blood relations). 5. Notice of Intended Marriage: A notice of the intended marriage must be given by both parties to the Marriage Registrar at the local district court or the office of the marriage registrar. This notice is displayed for 30 days at the registrar's office to allow for any objections to be raised by others who might have a valid reason to object to the marriage (e.g., a legal impediment like an existing marriage or underage status). Process of Court Marriage for Runaway Couples 1. Filing the Notice: The couple must first visit the Marriage Registrar's office and file a notice of their intent to marry. They will need to submit their proof of age (birth certificate, passport, etc.) and proof of address (ration card, voter ID, etc.). 2. Verification of the Notice: The registrar will then display the notice for 30 days on the notice board of the office, giving anyone with a valid objection an opportunity to file a complaint. If there are no objections after the 30-day period, the couple can proceed with the marriage. 3. Marriage Ceremony: After the 30-day notice period has passed, the couple and their two witnesses can appear before the Marriage Registrar to take the marriage vows. The marriage ceremony is simple and does not require any religious rituals. The couple will sign a marriage certificate, and the registrar will issue a Marriage Certificate as legal proof of the marriage. 4. Witnesses: At least two witnesses are required to be present at the time of marriage. These can be friends, relatives, or even strangers, as long as they are willing to sign the documents as witnesses. 5. Marriage Certificate: Once the marriage is solemnized, the couple will receive a Marriage Certificate, which serves as legal proof of the marriage. Key Points for Runaway Couples Parental Consent: If the couple is marrying without their families' approval, it's important to note that the law does not require parental consent if both individuals are legally of age and capable of making their own decisions. However, in some cases, family pressures might result in one or both parties being coerced, and the court may take this into account if any legal issues arise. Legal Protection: After the marriage, the couple will have the legal right to live together and maintain a family life. If they face threats, harassment, or violence from family members, they can seek protection under Indian laws, such as the Domestic Violence Act or Criminal Procedure Code (CrPC), and file complaints for protection orders. Safety and Privacy: Many runaway couples prefer a court marriage because it offers them privacy and legal protection. A court marriage does not require large public celebrations or involvement of extended families, which can sometimes lead to conflict. It also helps avoid any forced marriages or pressure to marry against one’s will. Marital Rights: Once married under the Special Marriage Act, the couple enjoys all the rights and responsibilities that come with marriage, such as the ability to inherit property, file joint taxes, and other legal advantages afforded to married couples. Conclusion In conclusion, runaway couples can absolutely opt for a court marriage in India, provided they meet the legal requirements specified under the Special Marriage Act, 1954. This act allows for a simple, legal, and secular marriage without religious ceremonies, which makes it an ideal choice for couples who may want to marry secretly or without familial approval. While it is a legally valid form of marriage, both individuals must meet the necessary age, mental capacity, and marital status requirements. Additionally, the process ensures that the marriage is legitimate and offers the couple legal protection. For runaway couples, the court marriage process also ensures privacy, legal validity, and protection against potential familial opposition.

Answer By Ayantika Mondal

Dear client, The answer to your question is yes. Runaway couples can legally do Court marriage in India under the Special Marriage Act, 1954. Runway couples can legally be married with each other as long as they meet the requirements mentioned under Special Marriage Act, 1954. This Act does not prohibit couples who left home from solemnizing civil marriage. The legal requirements to get married under this Act are mentioned from Section 4 - 13 of this Act. They are as follows: Section 4 mentions the conditions relating to solemnization of special marriages. This section states the legal age of the parties, for males he has to complete the age of 21 years, and for females 18 years of age. Neither of the parties should have a living spouse. The parties to such marriages shall be capable of giving valid consent, which means they should not suffer from unsoundness of mind, or mental disorder to such an extent which makes them unfit for marriage and procreation of children. And neither party should also be subject to recurrent attacks of insanity. The parties to marriage should not fall under the decree of prohibited relationships, provided that if one party has a custom which allows marriage within the decree of prohibited relationships, then such marriages can be solemnized under this Act. Section 5 of this Act talks about a notice of intended marriage to be given by the parties to such marriages in writing to the Marriage Officer of the district where at least one party has resided for minimum 30 days. Section 6 states that the Marriage Officer will then enter the true copy of the notice in the Marriage Notice Book and publish it in the notice board which gives clear transparency and public an opportunity to view the intention of the parties to marry. Section 7 and 8 states about the objections to such marriages and the procedure on receipt of such objection respectively. Any person can raise an objection within 30 days of publication of such notice if such marriages contravene Section 4, which states about the eligibility to get married. Objection should be lawful and the Marriage Officer must inquire into such objection and decide within 30 days. If no objections are raised or objections are rejected, marriage will continue. Section 11 and 12 states the declaration by the parties and solemnization of marriage respectively. Before solemnization of marriage the parties and witnesses must sign a declaration form in the presence of the Marriage Officer and it shall also be countersigned by the Marriage Officer. After 30 days of notice period, provided there is no objection subsists, marriage is solemnized at the office of the Marriage Office or any place as may be desired by the parties saying that " I , (A), take the (B), to be my lawful wife (or husband) in presence of the Marriage Office and three witnesses. Section 13, states that, after the Marriage is solemnized, the Marriage Officer enters the certificate in the Marriage Certificate Book, which then becomes clear evidence that marriage under this Act has been solemnized and all formalities respecting the signatures of the witnesses have been complied with. As long as the parties to runaway marriage fulfil the conditions as per Section 4 and the procedures as per Section 5 - 13, the marriage is valid. The Act does not require parental consent to get married. This Act also gives a legal status of marriage for the runaway couples. I hope this answer was helpful. For any further queries, please do not hesitate to contact us. Thank you.