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Shiv Kumar
Asked July 11, 2016

Court Marriage: Now denying

  • 1 Answer
  • 279 Views

if i do a court marriage with adult girl 24 year old with her consent if her father pressured her and do emotionally blackmailed her and changed her mind after that if she gave a statement to police station that she was forced to do marry what should we do in this condition

Answer 1

Answer by Sammanika Rawat, Lawfarm Researcher:

 

 

We wish to tell you that in India there is nothing like court marriage. What is commonly known as a court marriage is a marriage registered under the Special Marriage Act, 1954. For 'court marriage' you may simply approach the Registar of Marriage for the registration of marriage who will then hand over you the marriage certificate. 

 

Since the girl is above 18 years of age (and we assume that you are above 21), you may go ahead with your marriage (provided that neither of you is previously married). Please do not forget to collect your registered deed (marriage certificate).

Unless the girl has raised objections prior to the solemnization of marriage, the marriage shall be considered a valid one.

 

In case she refuses later on, your marriage certificate will act as an evidence from your end. The court will then ask her as to why she does not want to continue with the wedding. If she admits that she's doing so due to the pressure from her family, the Court will give more emphasis and importance to the marriage deed and shall hold the marriage to be a valid one. Please remember that the court shall not act merely on the basis of the statement given to the Police (i.e. the statement given in the Police station will have no value) if she says otherwise in the court. 

 

We would recommend you to have 2-3 witnesses along with you during the Court marriage so that you can produce them in the court later on. 

However, in the absence of marriage certificate the marriage shall be held to be considered as void (not valid).

 

We hope our answer would be helpful to you. Best wishes for your marriage.

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