Intimation letter for Protection of Couples

Intimation letter in case of love marriage or inter-caste marriage provides protection to the couple as well as inform the parents about their marriage. In such cases, the couple can send the letter mentioning the details with a marriage certificate to the parents, police station in the area of their residence and to the superintendent of police of their district. It can be published in newspapers as well. It should be prepared and sent by an advocate.  It also gives protection to the couple from false complaints.

In today’s era also, the percentage of love marriages is quite low as compared to arranged marriages. In such cases, it is very important to protect the couples of inter-caste or love marriages. Love marriage or inter-caste marriages are governed by the Special Marriage Act, 1954.Regardless of caste, religion, or ethnicity, a court marriage can be performed between two individuals (belonging to the same or distinct nations). To get a marriage license, interested parties may submit a direct application to the Marriage Registrar. Section 16 of the Special Marriage Act, 1954 talks about the procedure for registration of marriage.

Firstly, Notice of Intended Marriage in the specified form should be filed to the Marriage Registrar of the district in which at least one of the parties to the marriage having lived in the area for at least 30 days prior to the day on which such notification is provided. The notice should be published /put-up by the Registrar of Marriage inviting objections, if any.The marriage may be solemnized when 30 days have passed after the date that notice was published, barring any objections, stating the proposed union. Marriage ceremonies may be performed in the designated marriage office. There are certain documents required for registration of love marriage which are: Application form (notice in the form specified) duly filled and signed by the bride and the groom, proof of both partners’ dates of birth in writing (matriculation certificate, passport, birth certificate), receipt of fees paid in relation to the District Court application form, Affidavits from the bride and groom, signed separately, must include the following information: Verification that the parties’ relationships with one another don’t fall under the definition of a forbidden relationship the Special Marriage Act, passport-size pictures of both parties, two of which have been legally authenticated by an officer in good standing Copy of the divorce judgment or order in the event of a divorcée, and in the case of a widow or widower, the spouse’s death certificate.

The Supreme Court has also passed a number of judgments for the protection of couples from any false complaints. The Supreme Court has always supported love marriages and considered it as a movement towards casteless society. In the case of Lata singh v. State of U.P. (2006) 5 SCC 475; 2006 (56) ACC 234, the Supreme Court held that the right to marry is a choice given under article 21 of Indian Constitution. The court also ordered the state to give protection to the couple. Inter-caste marriage helps in promoting secularism.

The Supreme Court in Seema v. Ashwin Kumar, Transfer Petition (Civil) 291 of 2005, also held that registration of marriage would serve as the presumption of marriage, and non-registered marriages would not have the benefit of the presumption. So, all the citizens of any religion should register their marriages in the state where the marriage was solemnized.  The State and Central government should make rules and regulations for registration of marriages. They should also appoint an officer who should be authorized to register the marriage. 

Supreme Court in Shakti Vahini vs. Union of India (UOI) and Ors. [AIR 2018 SC 1601] condemned the practice of honor killings and prescribed a slew of recommendations to ensure the protection of couples who enter into inter-caste or inter-religious marriages.  When two adults choose each other for marriage, they should be given protection as they have the right to marry a partner of their choice under article 21 and 19 of the Constitution. They are fundamental rights and in case of violation, a person can file a writ petition under article 226 in the High court and under article 32 to the Supreme Court.

In one more case of Santosh and Zareena Begum, the State High Court has given warning to parents who try to subvert the legal machinery by filing false cases against the persons concerned.It has warned the parents that they cannot use the law to further their own interests just because they do not approve of this relationship and that their children who have reached the age of majority have every right to marry anyone of their choosing from any group or faith. These are all situations where the Special Marriage Act assists couples who are getting married out of love.

The intimation letter gives intimation of marriage as well as it helps in protecting the couples from false complaints. If any false complaint is filed by parents or any other person, the marriage certificate and intimation letter will stand as a proof that no crime has been committed and false complaint has been filed.