Can we do court marriage without parents?

Answer By law4u team

Yes, in India, it is possible to get married in court without the involvement or consent of your parents, provided that you and your partner fulfill the legal requirements stipulated under the Special Marriage Act, 1954 or Hindu Marriage Act, 1955, depending on your religion and circumstances. However, there are a few conditions to keep in mind: 1. Eligibility Requirements: Age: The bride must be at least 18 years old, and the groom must be at least 21 years old. Mental Soundness: Both parties should be mentally sound and capable of understanding the nature of the marriage. No Close Relationship: The couple must not be within the prohibited degrees of relationship, meaning they cannot be close blood relatives as per the relevant laws (like the Hindu Marriage Act or the Special Marriage Act). Consent: Both parties must consent to the marriage voluntarily and without any pressure. Consent is a crucial aspect. 2. Court Marriage Process: Filing a Notice: To get married under the Special Marriage Act, one of the parties must submit a notice of the intended marriage to the marriage registrar of the area where at least one party has resided for 30 days before the notice. This notice is displayed for 30 days so that anyone can object to the marriage. Objection Period: During this 30-day period, if no objections are raised, the marriage can proceed. Marriage Certificate: Once the 30-day period is over, the couple can go to the marriage registrar’s office, where the marriage will be solemnized, and the marriage certificate will be issued. 3. Parental Consent Not Required: Under the Special Marriage Act, there is no requirement for parental consent, as long as both parties meet the age and mental soundness criteria. This is an important feature of the Act, designed to allow couples to marry without the need for approval from parents or guardians. Similarly, for interfaith marriages or marriages where one or both parties belong to different religious communities, the Special Marriage Act allows the couple to marry without religious restrictions and parental consent. 4. Practical Considerations: Proof of Age: You will need documents like birth certificates, passport, or voter ID cards to prove that both parties meet the minimum age requirements. Residence Proof: Proof of at least 30 days residence in the jurisdiction where the marriage notice is filed is required (e.g., utility bills, rent agreement). Witnesses: You will need three witnesses (who are usually friends or colleagues) to be present during the registration of the marriage and the solemnization ceremony. Marriage Certificate: After completing the process, the registrar will issue a marriage certificate, which serves as legal proof of your marriage. 5. Challenges and Considerations: While the law allows court marriages without parental consent, it can still be difficult emotionally or socially if your parents oppose the marriage. In some cases, parents might try to influence the couple to call off the marriage or use social pressure. However, legally, they cannot stop you from getting married if you meet all the criteria. In some cases, if parents try to create hurdles during the marriage process (e.g., threatening or coercing the couple), you can approach law enforcement or the courts to ensure your rights are protected. Summary: Yes, you can get married in court without your parents’ consent, provided you meet the eligibility requirements (age, mental soundness, and no prohibited relationship) and follow the process under the Special Marriage Act or relevant law. Once the marriage is solemnized, you will be legally married, with no further requirement for parental approval.

Answer By Ayantika Mondal

Dear Client, Yes in India if you are an adult you may go to court for a marriage without parent’s permission or involvement which is if you meet the criteria put forth by the Special Marriage Act of 1954. This act includes interfaith and civil marriages and is in fact secular in nature which means it is more focused on the consent of the couple as opposed to that of the family. But the process does require certain steps to be followed, production of proper documentation, and a notice period which is a must to bring about transparency and to also rule out any element of coercion. Also I will go into the details of what is required based on what the law says at present. Eligibility Requirements Age: The groom must hit 21 years of age at a minimum, and the bride 18. Should minors wish to marry they require court permission in which at that stage the role of the guardians comes in. Mental Capacity: Both parties must be of sound mind to give valid consent. No Prohibited Relationships: The couple must not be from a prohibited relationship, for example close blood relatives. Also they should be outside of customary exceptions. Marital Status: Also do not have a current spouse. Parentage is not an issue for adult individuals as the law puts in to practice individual autonomy. But should either of the parties be below 21 (for males) or 18 (for females) in some cases which fall under personal laws like the Hindu Marriage Act parental or guardian engagement may be needed. In the case of court marriages under the Special Act adults may go it alone. Step-by-Step Process for Court Marriage File a Notice of Intended Marriage: Submit a report to the Marriage Registrar in your district which has at least one of the partners has lived in for 30 days. This can be done without parents’ presence. Notice Period: Upon application there is a 30 day period which is put aside for objection (by family or others) to take place. If parents do object the registrar looks into it but valid adult marriages do not usually go through parent’s disapproval alone. Verification and Solemnization: After the waiting period, at the registrar’s office the marriage will be held and will have 3 witnesses present. Also parents are not required to be there or to sign. Registration: The marriage is registered right away and a certificate is issued which is valid all over India. Required Documents Proof of age (e.g. birth certificate, passport, school leaving certificate). Proof of address (e.g. Aadhaar card, voter ID, utility bill). Passport-sized photos of both parties. Affidavits of marriage status, age, and consent. Separate documents for divorce or in case of death. No proof of parental consent is required for adults. Potential Challenges and Tips Family Objections: While at present it is a choice for parents to put forth objections which in turn may delay the process. In some cases we see it best for parents to seek out legal counsel which may in turn quicken resolution. Location-Specific Rules: Procedures may also differ by state (in Haryana which is your base the process is done through district courts or sub-divisional magistrates). Contact your local registrar for which forms to use. Cost and Time: Fees are low (around ₹100 to 500) and it takes 30 to 60 days for the process. While hiring a lawyer is not required it may make paperwork easier. Alternatives: If privacy is an issue some couples choose to have their Arya Samaj marriage (for Hindus) which is also followed by registration and which does not require parents’ consent for adults. If you have any further questions or require assistance with the court marriage process, please do not hesitate to contact us. Thank You!