Marriage Without The Consent Of Parents

I'm 21 and I love someone who is a sub-inspector in Delhi police and my parents are against my marriage and they mentally torture me and threaten us that if we choose to get married, then they'll kill us or something else worse. However, the boy's fa... Read More

I'm 21 and I love someone who is a sub-inspector in Delhi police and my parents are against my marriage and they mentally torture me and threaten us that if we choose to get married, then they'll kill us or something else worse. However, the boy's family is supporting us, what shall we do now?
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Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

Since you are 21 years old i.e. have attained the valid age for getting married, your parents cannot restrict you from getting married to someone. If you wish to get married without your parents' consent, you can opt for court marriage. 

A court marriage is when a marriage is certified to have been performed in the court rather than as per the personal laws applicable over an individual. The conditions of a court marriage that need to be followed is as follows:

  • That the bride and the groom are of legal marriageable age, i.e., the groom is above 21 years of age and the bride is above 18 years of age.
  • That neither parties have a living spouse at the time of the marriage from whom they haven’t been legally separated.
  • That neither party is incapable of giving valid consent owing to such circumstances as unsoundness of mind.
  • That although capable of giving consent, neither party has been suffering from mental disorder to such extent as may incapacitate them from entering into a valid marriage and the procreation of children.
  • That neither parties are prone to recurrent attacks of epilepsy or insanity
  • That the parties do not fall under the degrees of prohibited relationship unless such marriage is permitted as per custom or usage in their particular community
  • That the parties are not Sapindas of each other

You may apply for Court Marriage in India in the following manner:

  • You must apply at the office of the Sub-Divisional Magistrate in whose jurisdiction you and your spouse reside on any working day
  • You must fill the requisite application form duly signed by you and your spouse
  • The Magistrate’s office conducts verification of all required documents submitted by you and appoints a date on which the registration shall be carried out that is communicated to you
  • On the appointed date, the parties need to be present before the ADM along with the Gazetted Officer who attended the wedding and the Marriage Certificate is issued on the same day.

Another way is Arya Samaj Marriage. Arya Samaj Marriage is recognised under the Arya Samaj Marriage Validation Act, 1937 along with provisions of the Hindu Marriage Act, 1955. All persons belonging to the Hindu religions including Buddhists, Sikhs and Jains, as well as anyone who has converted to Hindu religion can get married in an Arya Samaj Mandir.

Eligibility Criteria For Arya Samaj Marriage

Marriage in an Arya Samaj Mandir can be performed only if the bride and groom fulfil the following eligibility criteria:

  1. The groom must be at least 21 years old and the bride must be 18 years old.
  2. The bride and groom must be Hindus, Buddhists, Jains or Sikhs.
  3. The bride or groom must not be Muslims, Christians, Parsis or Jews.
  4. The bride or groom may also be a convert to Hinduism.
  5. The bride or groom must not have a living spouse at the time of the marriage.

Arya Samaj marriage procedure takes only 1-2 hours for completion. However, the application for the marriage must be filed at least 1 or 2 days in advance with the Arya Samaj Mandir. The requisite documents are submitted along with the marriage application. On the day of the marriage, the Arya Samaj priest performs the wedding rituals. In an Arya Samaj wedding, pooja of a specific deity is not performed as the Samaj does not believe in idol worship. Fire and other elements are considered as the only witnesses to the ceremony.

Answered on 20 Dec 2018


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