sir.main 25 yrs ka hindu boy hoon aur 26 yrs ki hindu girl se pyaar krta hoon.hm dono same caste ke hai but family taiyaar nhi hai.hm dono ghar se bhaag kr aaye hai aur legal shaadi krna chahte hain.court marriage krne me 30 days lgta hain aur agar uske parents mere khilaaf fir lodge kr diye honge to kya action ho sakta hain.pls solution bataye urgent hai .main jail bhi nhi jaon aur shaadi 1 days me ho jaaye .thanks in advance.
Dear Client in that case aap sab se pahle high court se protection le le uske baad marriage registered kara le aur jada jankari ke liye call kare
Advocate Anurag Bhatt
Allahabad High Court
According to the normal procedure of Court marriage, it cannot be solemnized in a day or two. As you have mentioned, a notice has to be given to the Marriage Registrar of that district where at least one of the parties has stayed for a period of 30 days. The Registrar puts up the notice, inviting objections if any. After the expiration of 30 days, if there are no objections, the marriage can be solemnized by the marriage officer. You do have the option of a private wedding ceremony which can be conducted within days but it is very easy to challenge the validity of such a marriage. To establish the legality of such a private ceremony, if it is challenged, you will have to provide witnesses present at the ceremony and photographs with no guarantee that it cannot be challenged or ignored in the presence of competing contradictory evidences. Even if the matter is not presented in the Court, a police officer will be apprehensive in challenging a Marriage Certificate authorized by a Magistrate. A Court Marriage will be the best option in this scenario as it makes it difficult to challenge a Marriage Certificate.
Now, as the girl is an adult (above 18 years of age) her family cannot file an FIR against you if she eloped with you voluntarily. An FIR can be filed under Section 361 of Indian Penal Code (IPC) for kidnapping if the girl was below 18 years of age or under Section 366 if she was forced to marry the boy. However in your case, since none of these conditions are true, there cannot be an FIR.
The Lucknow Bench of the High Court in a Habeas Corpus Petition of Smt Ramsati v. State of UP has said that if a couple elopes for marriage, the boy cannot be booked for kidnapping if the girl has eloped voluntarily and is an adult. Most of the FIRs that are filed are generally when the girl is not an adult which you do not have to worry about. Therefore, it will be advisable to ensure that some people are aware about the fact that the girl left with you voluntarily so that even if her parents file a FIR you will have witnesses to prove that she eloped out of her free will.
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