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What Is The Procedure To Get Police Protection After Court Marriage ?

  • Writer: lead India
    lead India
  • Apr 8, 2023
  • 3 min read

Court marriages in Noida and India are different to marriage ceremonies followed in accordance to one’s customs, as they take place in the court in the presence of the marriage officer appointed by the law.


Two adults i.e. a male and a female, eligible to get married can file for court marriage and after fulfilling the necessary procedure, in the presence of the marriage officer sign their consent for marriage, thus getting their marriage solemnised through legal procedure as provided by the legislature.


Pre- requisites for Court Marriage-


The conditions necessary for a court marriage have been provided under Section 4 of the Special Marriages Act. The parties to the court marriage in Ghaziabad are required to fulfil the conditions for court marriage provided as under-

  • Pre- existing Marriage- no pre-existing marriage should be there for either of the parties to the marriage. In case any of the party was previously married, then at the time of filing the application they shall be divorced or widowed.

  • Consent- the parties must give their free consent in the presence of the marriage officer, i.e. they must be able to give their consent and shall be of sound mind.

  • Age- the parties to the application for the court marriage should have attained the required age, i.e. the male should be 21 years old and the female must have acquired the age of 18 years or above.’

  • Prohibited relationship- the parties to court the marriage should not fall within the degrees of prohibited relationship of marriages, as has been provided under Schedule I of the Act, unless the marriage within the degrees of prohibited relationship is valid as per the customs of either of the parties.

Documents-

Following documents are required while filing for the court marriage in Delhi and other parts of the country-

  • Marriage application form must be duly signed by both male and female.

  • Receipt of the application form is required to be attached along with the documents

  • Proof for the date of birth of the parties.

  • Residential proof address

  • Affidavit from each party of-

  1. Date of birth

  2. Marital status, i.e. if they are unmarried/divorce/ widowed

  3. Affidavit affirming that they are not related under the degree of prohibited

  4. relationships as provided under the law

  5. Passport size photos of both the parties to the marriage

  6. Copy of divorce decree or death certificate if either of the parties to the marriage is a divorcee or widowed respectively.

At the end of the whole procedure a marriage certificate will be issued by the marriage officer in accordance to the Schedule IV of the Act. The Court Marriage certificate is a conclusive proof of the solemnization of the marriage, which will be signed by the parties, witnesses and the marriage officer.


Protection from the courts-

  • It is sometimes not easy to get married to the person you love in India. Some may come out of the social pressure and decide to get married to the person they love, however in some situation this step could be life threatening, when even their family members start suppressing them.

  • An increasing number of cases could be witnessed where the couple seek protection from the courts. These cases were registered by the couple who got married against the wishes of their parents or family members.

  • Even if society has started to be tolerant towards various inter-caste or inter-faith relationships, there are some people who still wish to get their children married in accordance to their wishes.

  • The constitution of India has provided every citizen a right to marry according to his/her wish. However, even in the present times, inter-caste marriages or inter-religion marriages still face threats and danger from their family or community. The best remedy in these situation is to seek protection from the court.

  1. One may seek protection by visiting the court or police station with the required documents so as to ask for the police protection.

  2. For this these couple are required to provide their age proof in addition to other documents required as per the provision of the law.

  3. According to the law valid age for marriage must be 21 years for a male and 18 years for a female.

  4. The necessary documents to file for the plea fro police protection are-

  5. Age proof- matriculation certificate/ date of birth certificate/ration card/ voter card/ aadhar card

  6. Residence proof

  7. Marriage Proof (pictures or certificate)

For proper detail and guidance as required as per the subject matter of your case, it is advised to seek the advice of an experienced lawyer .


Lead India offers you experienced advocates who have been successfully dealing with cases related to the court marriages or cases requiring the protection from the police.If you are seeking free legal advice online or wish to talk to a lawyer, you can contact us.



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