If you are stuck in such a situation, here is what to do.

A common yet complex situation arises when adult couples, facing familial opposition, opt for a temple wedding. Consider the case of Ms. Anika and Mr. Sameer, both 28-year-old professionals from the state of Aryavarta, who recently relocated to the city of Navinagar for their careers. They planned to formalize their relationship through a court marriage under the Special Marriage Act, 1954.

However, they encountered a procedural roadblock: the requirement for local witnesses with residential proof from Navinagar, which they, as newcomers, could not immediately arrange. Their legal counsel then suggested an alternative—a wedding at an Arya Samaj Mandir or a temple, which is a legally valid form of marriage under Hindu personal law.

The complexity stems from the fact that this is an inter-caste union; Anika belongs to a community with a different social standing than Sameer. While Sameer’s family is supportive, Anika’s family is vehemently against the marriage. Anika has asked her close friend, Mr. Varun, to attend and be a witness. Varun finds himself in a dilemma. While he wants to support his friend’s choice, he is apprehensive about potential legal repercussions, fearing that Anika’s influential family might file false criminal charges against the couple and even the witnesses, complicating his own life.

Advice in such cases

• Verify Volition: Ensure that both individuals are entering the marriage willingly, without any pressure, coercion, or undue influence. As a witness, your primary role is to attest to the consensual nature of the ceremony.
• Check Legal Age: Confirm that both the bride and groom have attained the legally permissible age for marriage in India.
• Understand the Ceremony: A Hindu marriage is solemnized upon the completion of the Saptapadi (the seven steps around the sacred fire). Ensure that all essential rites are being performed for the marriage to be valid.
• Documentation is Key: The couple should obtain a marriage certificate from the temple or institution where the wedding is performed. This document is crucial for the subsequent registration of the marriage.
• Pre-emptive Legal Steps: The couple should consider sending a formal intimation to the local police station (both in their current city and their hometowns) and the Superintendent of Police, stating that they are adults and have married consensually. This can serve as a shield against potential false FIRs for kidnapping or abduction.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

• The Hindu Marriage Act, 1955: This Act governs marriages between Hindus. Section 7 of the Act recognizes a marriage as complete and binding when the customary rites and ceremonies, such as the Saptapadi, are performed.
• The Special Marriage Act, 1954: This Act provides a secular path for marriage for people of different faiths or those who do not wish to marry under personal laws. It has specific procedural requirements, including a notice period and residency criteria.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Disgruntled families often misuse criminal law provisions. A witness or the groom could be falsely implicated under sections such as:
  • Section 139 of BNS: Corresponding to the old Section 366 of IPC, this deals with kidnapping or abducting a woman to compel her marriage.
  • Section 351 of BNS: Corresponding to the old Section 506 of IPC, this deals with criminal intimidation.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This new code governs the procedure for criminal investigation and trial, including the registration of an FIR and the process for seeking anticipatory bail.

If you are the complainant

If you represent the family opposing the marriage, your first step would likely be to approach the police to file a complaint. Often, families allege that their daughter was kidnapped or coerced into the marriage against her will, leading to the registration of an FIR under relevant BNS sections. They might also file a Habeas Corpus petition in the High Court, claiming their daughter is in illegal detention.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the couple or a witness facing false allegations, immediate and strategic legal action is paramount to protect your liberty.

• Gather Proactive Evidence: Before the wedding, the couple can make a video statement or sign affidavits declaring their love, their intention to marry willingly, and the opposition from the family. This evidence can be crucial.
• Seek Anticipatory Bail: If you apprehend arrest based on a false FIR, you can file for anticipatory bail in the Sessions Court or the High Court under the provisions of the BNSS.
• Quash the FIR: Once an FIR is filed, you can approach the High Court with a petition to quash it. You will need to present strong evidence (photographs, videos, affidavits, marriage certificate) to prove that the marriage was consensual and the criminal complaint is a misuse of the legal process.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police are often caught between their duty to investigate a complaint and the social pressures exerted by influential families. In cases involving an adult woman, especially where the family files a complaint of kidnapping, the police are generally bound to register an FIR. They may act swiftly to “recover” the woman to record her statement. They will summon the groom, his family, and any witnesses named in the complaint for questioning. Without pre-emptive intimation from the couple, the police might initially treat the matter as a genuine crime.

FAQs people normally have

• Is a temple marriage without registration legally valid?
  Yes. The solemnization of the marriage with proper religious rites (like Saptapadi) makes it valid. Marriage registration is for proof, but its absence does not invalidate the marriage itself. However, registration is highly recommended for all legal and practical purposes.
• As a witness, can I be implicated in a criminal case?
  Yes, it is possible for the complainant’s family to name you as an accomplice or conspirator in a false FIR. However, if you have evidence that you merely witnessed a consensual union of two adults, you can protect yourself legally.
• What is the most crucial step for the couple after the wedding?
  Immediately get the marriage registered with the Registrar of Marriages. This creates a powerful legal document that is difficult to challenge and serves as the best evidence of a valid marriage.

What evidence is required?

• For the Couple: Proof of age (birth certificate, passport), proof of identity, photographs and videos of the wedding ceremony, the certificate from the temple/Arya Samaj, and most importantly, the official marriage registration certificate.
• For the Witness: Any communication (texts, emails) with the couple showing their intent to marry, photographs of you at the wedding, and a clear affidavit stating what you witnessed.
• For Protection: Affidavits from the couple declaring their consent, and a copy of the written intimation sent to the police about the marriage.

How long will the investigation take?

The timeline can vary significantly. The initial police investigation and recording of statements might take a few weeks. If an FIR is filed and you seek to quash it in the High Court, the process can take several months. If the matter proceeds to a full trial, it can unfortunately stretch for years. However, with strong evidence of a consensual marriage, most such malicious cases are quashed at the High Court level or result in acquittal much earlier.

Advocate Sudhir Rao, Supreme Court of India