Marriage with family's consent

If a couple is willing to marry each other but their family does not approve of it, what can they do?

Answers (2)

Team Legistify

Team Legistify

  • Sector-1, Noida

If the man and woman are of valid age to get marriage i.e. the man is aged 21 years or more and the woman is aged 18 years or more, they can get married even if their families or parents do not consent to it.

There are 2 ways in which a marriage in such situation can be performed- Court Marriage under the Special Marriage Act or Arya Samaj Marriage. 

In case the consenting adults belong to different religions, they can apply for a court marriage with the Registrar having jurisdiction over the area where they live. Anyone can get married under the Special Marriage Act, irrespective of religion, faith or caste.

Process of Court Marriage

  1. A notice in writing is submitted with the marriage officer of the district where either of the parties has resided for the past 30 days.
  2. After receiving the court marriage application, the Marriage Registrar gives a 30 days notice period for objections against the marriage.
  3. Once the 30-day period is over and no objections are received, the marriage is solemnised and the marriage certificate is granted.

READ: Special Marriages in India

The other way is to perform an Arya Samaj Marriage. Only Hindus or converts to Hinduism can get married in Arya Samaj Mandir. Arya Samaj Marriage procedure is completed within 1-2 hours only, but an application must be filed at least 2-3 days in advance. It is a simpler process and does not involve any tough formalities. After the marriage is solemnised, the mandir grants an Arya Samaj Marriage certificate. The bride and groom can then obtain a marriage certificate on the basis of this certificate.

MUST READ: The Concept And Procedure Of Arya Samaj Marriage

Answered on 13 Nov 2018

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Somnath Chakraborty | Legistify

Somnath Chakraborty

  • Dwarka District Court, Delhi
  • Delhi

They can always get married, even if their families are not agreeing to it. The sole condition is that both of the parties i.e. the boy and the girl both are major. A girl should be more than 18 and the boy should be 21 years of age.

Answered on 10 Dec 2019

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