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Seeking Protection From High Court at Chandigarh in Love Marriage

 

Love Marriage Protection

Have you done love marriage against the wishes of your parents or loved ones and now afraid that they will try to harm any one of you or both for taking up this step, then you need not worry as Law is on your side. This is applicable only when you are adult i.e. Boy should be 21 or above and Girl must be 18 or above. And obviously, the decision of marrying should be taken out of free will and without any oppression from anyone. If all what is said above is fulfilled then courts grant you protection happily and state is directed to ensure that you lead a happy married life in future.

Police Authorities are under statutory obligation to give you protection as enshrined in our Constitution via right to life and liberty. High Courts all over India exercises its inherent powers to maintain peace in the lives of married couple and happily grant protection in times of stress. 

You will approach High Courts only when you have given complaint/legal representation to the police authorities and they have failed miserably or not taken any action on your request. It is usually seen High Courts are lenient in giving protection when there is inaction on the part of authorities or otherwise.  Judiciary through High Court will ensure that the rights to life, liberty and protection are safeguarded and not violated in any manner during love marriage protection petition.

Punjab and Haryana High Court also grants protection to run away couples who have married against the wishes of their parents for one or the other reason. Be it caste, economic differences, personal enmity or anything, you can seek protection from High Court in Chandigarh without any discrimination. Protection petition can be filed by couples who have done love marriage and reside in the territory of Punjab, Haryana and Chandigarh.

It is mostly seen that the families of either boy or girl indulges in registering false complaints against the families of each other for taking such step and harass them mentally. Police Authorities without specific directions or orders from Court favors the stronger party for not to disclosed reasons and pressurize young married couples to go back to their families. We have also seen in many cases the families have even eliminated the boy and girl due to sheer anger and public shame which we call Honor Killing.

You must have seen a youtube video doing rounds online that Love marriages and their protection is banned in Chandigarh but that’s not the state of affairs today. Married Couples can seek protection from Panjab and Haryana High Court if they are under threat. But mind it, Court marriages, Love Marriage, Registration of Marriages and seeking Protection from High Court Chandigarh, all are different things and should not be mixed.

For audience to understand in simple words, the best I can do is this:

  1. Court Marriage is done in front D.C. of the City and one person out of the couple must have a valid residence proof to get it done as well as registered.
  2. Registration of marriage as above. First do the marriage in presence of two witnesses from each side and get it registered.
  3. Love Marriage is entirely upto you. You can do it wherever you want according to any religion you prefer to opt but the only rider is; the marriage should not be void under any of the current provisions of law or within the prohibited degrees of relationship in family or custom being followed popularly.
  4. Protection will be only given by High Court in Chandigarh and for that it is highly recommended you engage a professional and competitive lawyer who can do this in a day.

Happy to say, there is no provision under any law for stopping you marry the person of your choice and except only loved ones who oppose and for them Panjab and Haryana High Court at Chandigarh give directions to Police Authorities to protect you from any untoward incident.

Let’s know about the procedure in Brief:

1 Protection Petition is filed along with the supporting documents. The case gets listed for day after tomorrow. Urgent filing for the same day or e-filing cases gets listed the very next day. After engaging a competitive Marriage lawyer or Advocate for Protection Petition in Punjab and Haryana High Court, you have to sign the vakalatnama or power of attorney and be present on the first hearing. Note that couple also have to state on affidavit that whatever written in the Love Marriage Protection Petition is true and nothing false is stated to abuse the process of law.

2 Documents Required- Aadhaar Card, Age Proof, Residence proof of both. Coloured photographs of marriage with marriage certificate or registration if in possession. It is desired of the couples to carry originals of the proof so as when required by the court for scrutiny.

3 No witnesses are required in High Court while protection petition is being heard.

4 First Hearing- On the first day itself couple have to appear and convince the court that they are married legally and no provision of law is being violated by them.

5 Directions- Appropriate directions are then given by the court to concerned SHO (Station House Officer), Police Officer and Authorities concerned to ensure love marriage couples are protected and not unnecessary harassed by any of the family members of either side.

This goes a long way in ensuring that peace between the families of couple is maintained. High Courts across the country has significantly curb the honor killings through love marriage protection petition

 Don’t delay if you are under fear or threat from anyone just because you have done marriage against the wishes of your family. Talk to us +91-9988817966 and we will help you file love marriage protection petition in Panjab and Haryana High Court at Chandigarh. 

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