India is a country where the caste system is deep-rooted and even in the new India where the education and modernization is increasing but the caste structure is still struggling to come out of this.

Although from the period of Lord Krishna and that age the concept of love marriage is recognized and during this entire period staring from Lord Krishna, the examples have been set up by our forefathers for a casteless society. Love marriage is a thing which could help brining a casteless society as has been dreamt by our forefathers while framing our constitution. The subsequent government and the interferences of the court have also worked hard in helping inter-caste marriage but we still have to go a long way.

In modern India in 1860 an organization called “Brahmo Samaj”  wrote to the rulers of British India to bring a law giving freedom and rights to the members of the organization to marry as per their choice and conscience. Since that period there have been many such organization have been working to get the inter-caste marriage a reality making India a caste-less society.

In the new India, with the emergence of Law and equality of gender, the court are now flooded with matrimonial litigation which is also one reason, the new generation is taking a choice of selecting the partner of their choice having lesser chances of breakdown of marriage.

For the first time in the year 1954, the Government of India introduced the Special Marriage Act, 1954 which gave right to the people to two different classes and caste to get married with the authority of law.

The requirements which two individuals need to possess are as under:-

ð The age of the girl should be above 18 and the boy should be above the age of 21.

ð Requirement of age proof of both girl and boy.

ð Address proof of both girl and boy.

ð Both of them should be of sound mind and the parties of marriage should not be under undue influence of anyone or lunatic or idiot.

ð Neither party should have a living spouse.

ð At least one party should be a Citizen of India.

ð Two witnesses.

Although the marriage, its registration, the procedure and restrictions are subject matter of state policy, still the following is the general procedure for love marriage and its registration.

ð The parties to the marriage shall give notice in writing in the specified form to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.

ð All the documents are verified at the Office of Marriage Registrar.

ð The notice is then published inviting objection to the marriage if any.

ð If no objection is raised then on the expiry of the notice publishing period, the marriage is solemnized.

ð The marriage shall be solemnized in the presence of at least two witnesses.

ð Further the Marriage Certificate is prepared and entered in the register of the Registrar of Marriage and is granted by the Marriage Registrar.

ð In case of marriage when one party is national of foreign origin, the law of other nation shall not be in conflict with Indian laws.

If the marriage has already been solemnized, still it can be registered but the requirement of the same and the conditions of registration are different.

ð The requirement of age and address of the parties is as it is.

ð The joint and solo photographs of the parties arealso required.

ð Marriage card.

ð Affidavit of the Pandit, Maulvi, priest is also required stating therein that the marriage has been performed by him.

ð The affidavit of parents of the parties are also required as witness.

ð Thereafter, both parties are required to remain present before the Registrar of Marriage for registration of Marriage,

Other than this there are some other organization also which get performed the marriage which are certified and recognized by the Government to perform such marriage. The requirements of the marriage also almost the same in those marriages also but the other benefit of the same is that those organizations perform the marriage as per the rituals and rites of the community. One such organization is “Arya Samaj Temples” which are spread through out the country.

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