Do Court Marriage Couples Needs Police Protection After Divorce?

In India Marriages Are Given Much Importance. It Is Associated With Religion And Considered Sacrosanct. People Spend So Much Money On Marriages. It Is A Big Event In Any Indian Family. There Are Different Rituals In Each Religion Marriage. It Is Considered That Marriages Are Not Only Performed Between Couples, But Also Between Families. It Is A Legalized Union For The Procreation Of Children. Children Get Legal Status. Many Scriptures Considered The Procreation Of Children As The Aim Of Marriages. It Legalises The Sexual Relationship Between The Couple.

Even Now, There Are Hardly Many Love Marriages In India.. Parents Do Not Accept Love Marriages. In Such Cases Couples Opt For Court Marriages. This Is The Reason For Most Of The Court Marriages In India. Other Than This, The Reason Could Be Willingness To Not Show Off And Wanting A Simple Wedding. In India, Either The Hindu Marriage Act Or The Special Marriage Act May Be Used To Perform Court Marriages. If Couples Belong To Different Religions Then The Special Marriage Act Applies To Them.

Laws:

  1. Section 7 Of Hindu Marriage Act, 1955(Hereinafter HMA) States The Marriages Will Be Performed According To One’s Ceremonial Rites And Custom And Section 8 Of The Same Act Talks About Registration Of Marriages. The State Government Now Has The Authority To Enact Laws Governing Marriage Registration.
  2. Section 4 Of Special Marriage Act, 1954 Explains The Condition For A Valid Marriage:  Both The Parties Must Be Single And Sound Mind At The Time Of Marriage. The Male Must Complete The Age Of 21 And Females 18. Parties Should Not Relate to Each Other within the Prohibited Degree Unless They're Custom Allows Them.
  3. Article 21 Of The Indian Constitution, Article 21 Of Indian Constitution Provided Fundamental Right For Every Person To Choose Their Partner. The Supreme Court Has Passed Various Judgments On The Basis Of This Article Legalizing Court Marriage And Providing Protection To The Couples.

Court Marriages In India Are Rising As Families Do Not Support Love Marriages. There Is A Certain Procedure For Court Marriage Also From Filing Of Notice Of Intended Marriage To The Office Of The Registrar To The Publication Of Notice By Registrar, After 30 Days From The Date Of Publication The Marriage May Be Solemnized. Couples Can Do Court Marriage Anywhere In India.

Every State Has A Different Procedure For Registration Of Court Marriage. Suppose A Couple Did Court Marriage In Delhi Then The Procedure In Delhi Will Be Followed For Registration Of Marriage. After Court Marriage There Are Certain Instances Where There Is Threat To Couple That False Case Might Be Registered Against Them By Their Family Members Then In Such Cases Intimation Letter Attached With Marriage Registration Certificate Should Be Sent To The Family And To The Nearest Police Station Where Couple Resides Before Marriage To The Superintendent Of Police Of The District Where The Couple Used To Resides.

It Will Give Intimation To Police That They Have Got Married With Their Will And The Police Will Not Register Any Case Of False Charge Against The Couple. If The Couple Has Serious Threats From The Family Then They Can Ask For Police Protection From The Court. In Such Cases, Police Protection Will Be Provided By The Court To That Couple.

As We All Know There Are Many Instances Where Marriages Are Not Worked Out And Couples Decide To Take Divorce. In Such Cases, They Can Decide To Take Divorce Mutually Under Section 13B Of HMA Or One Partner Files A Case Against The Other Person Under Section 13 Of HMA On Various Grounds Like Cruelty, Desertion, Conversion, Incurable Disease, Renouncement Etc.    

After Performing Court Marriages Also The Couple Might Feel That They Don’t Want To Live Together In Such Cases, They Can Also File For Divorce, But They Cannot File For Divorce Within 1 Year From The Date Of Marriage Unless Exceptional Circumstances Exist. This Has Been Provided Under Section 14 Of HMA.

The Exceptional Circumstance Should Be Such That It Is Not Possible For A Couple To Live Together. Couples Can File Divorce Petitions Where Any One Of Them Live Or Where They Last Resided Together. Suppose A Couple Lives In Delhi Then They Need To Appoint Lawyers In Delhi Specially Divorce Lawyers In Delhi.

Suppose After Obtaining Divorce Also, Couples Are Getting Threats From The Families That They Can Still Ask For Police Protection. The Purpose Of Police Protection Is To Protect The Couple And It Will Extend Even After Divorce. Police Protection Will Continue As Long As The Threat Continues.

SOURCE

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