How long can parental consent for registration of marriage be constitutionally sustainable: Senior advocate - 'Power to change law is with the state government, but it is impossible to trample on constitutional rights'

'Fugitive marriage' has been a topic of discussion in different communities, including Patidars and Thakor communities, for some time now. Marriage without the consent of the parents is seen in two divisions in the society. A section is demanding that parental consent be made mandatory at the time of marriage. Folk singer Kinjal Dave's engagement to a youth from another community, Aarti Sangani from Surat with Devang Gohel and Priya Mordia from Bhavnagar have been discussed for the past few years. Following the demands of various communities, the government is also considering changes in the marriage registration law. However, how constitutionally can the change that the government is considering to make, what constitutional rights do adult boys and girls have to marry? To get answers to all these questions, Bhaskar spoke to a senior advocate practising in the Gujarat High Court. Assembly can pass a law, but it can't be against the Constitution: Ayaz Shaikh Advocate Ayaz Shaikh in a conversation with Bhaskar said that an adult can marry any person as per his constitutional right. The assembly can pass a law regarding marriage registration, but it cannot be against the Constitution. Even now, under the Special Marriage Act, the parents are called and their statement is taken, but the girl's statement is considered final. As long as the Class-2 officer is concerned about giving notice to the parents and taking their answers, it is appropriate. Because it will not lead the children down the wrong path, but an adult citizen can marry anyone. There is a provision for registration of marriages under various provisions of Sections 7 to 13 of the Special Marriage Act, 1954. In which the age of the young men and women who come for marriage registration is checked. In which the birth pattern is specially examined. Signatures of witnesses are taken. The state government has the power to change the marriage registration. At the same time, the central government has it, but they cannot trample on their constitutional rights. Govt can't take away the rights of adults: Anil Kella Bar Council of Gujarat office bearer Anil Kella said that the Constitution of India has given fundamental rights to adults. A girl above 18 years of age and a man above 21 years of age have the right to marry. They can marry voluntarily and selectively without requiring parental consent. The rule that the state government is planning to make is against the law. The Supreme Court has earlier struck down such laws and rules which are against the Constitution. The government cannot take away the rights of adults. It is almost impossible to know the wishes of the parents in a love marriage. The state government can make changes in the rules of the marriage registration process but those changes should be subject to the constitution and not above that. Instead of parental consent, only information should be given: Alka Jani Advocate Alka Jani, who is fighting the family case, said the proposed rule to seek indirect consent of parents is a noble idea. Love marriage is failing the practice of marriage. Children can rebel if they don't get the consent of their parents. So instead of consent, there should be only information. If the parents do not give consent and the marriage is not registered, there will be a big jump in the live-in relationship. Marriage in India is not a contract, but a ritual. The state government can intervene in the marriage registration process. For this, a bill has to be passed in the Assembly. The Class-2 officer can give notice to the parents of the girl and inform them about the marriage. But their approval is excessive. A 21-year-old man and a girl aged 18 and above can marry anyone and register it, but it is necessary to get married culturally. Govt considering amendments to Marriage Registration Act In view of the increasing incidents of elusive marriages in the state, the state government is considering significant changes in the rules for registration of marriages. According to the new proposal, in case of a fugitive marriage, the prior approval of a Class-2 officer may be mandatory at the time of marriage registration. In such cases, an official notice will also be sent to the parents of the boy and girl. It may be mandatory for parents to give their written reply within 30 days of receiving the notice. Also Read: Is Parental Consent Required for Love Marriage? From inter-caste marriage to love marriage, various societies are opposing it. Not only this, at present, various societies are demanding the government to make the consent of parents mandatory for love marriages. Following this, the government is also considering this. Divya Bhaskar tried to know the views of the youth of Ahmedabad on this much-discussed issue. A majority of the 13 young men and women agreed with the idea of making parental signatures mandatory in love marriages. What are the famous sociologists of Gujarat saying about love marriage? Folk singer Kinjal Dave's engagement with a youth from another community in Gujarat, Bhavnagar's Priya Mordia and Surat's Aarti Sangani's love marriage have become a topic of discussion in the state. In the last few months, the demand for the consent of the parents in the case of love marriages has once again intensified by the community, including the Patidars. Why is love marriage being opposed in the society and what can be its solution? Divya Bhaskar spoke to Gujarat's well-known sociologists Vidyut Joshi and Gaurang Jani in this regard. Former minister Vallabh Kakadia has submitted a memorandum to Union Minister of State for Home Harsh Sanghvi seeking amendments to the Hindu Marriage Act to make the written consent of parents or guardians mandatory before marriage of children. Kakadia has long been known as a leader who has been vocal on social issues and has been drawing the attention of the government to issues affecting the family and society. The long-standing demand for changes in the law of love marriage and friendship contract in Vijapur has intensified the long-standing demand for changes in the law of love marriage and friendship contract in Gujarat. After organizing rallies across the state, now the team of Old Pass (PAAS) has started a campaign to take oath among the daughters by going from village to village. In which they will take a vow to marry according to their parents' wishes. (Read the full story)