forced child marriage
vidya
(Querist) 31 July 2015
This query is : Resolved
Hi
Please help me in above case. My friend got into forced marriage in 2005 with a girl in remote village on border of rajasthan and haryana. His parents had forced him into this but this marriage hasn't been consummated and neither of the parties have met after that day. Also I am aware that this marriage got legal after both of them tured major. Both the parties have never lived together. My friend had always opposed on this and have not been in contact with the girl anytime since 2005.
Now when he kept refusing for so many years that he is not interested in bringing that girl here her family is not ready to listen. They have filed a maintenance case in bhiwani court. Further that family is continuously harassing him to get the girl here. This marriage cannot be consummated but they are not ready to listen.
Further now they have filed a false complain in loharu police station for dowry. Last week the police called him for his statement and he went there. The police started warning him that they would arrest him if he doesn't take the girl along with him.
Can somebody please help my friend what should be done in such a case. Can mumbai police help us in this matter. All people in that village are so adamant and law is not getting followed. How can he get arrested for doing no crime. Also the police says that they will file section 428 against him..my number is 9820637295. We are in urgent need of help .
vidya
(Querist) 31 July 2015
Further to add to it also there is no marriage certificate nor the marriage is consummated. Please guide me why the police is threatening illegally that they would arrest him
Sudhir Kumar, Advocate 
(Expert) 01 August 2015
Let your friend file an FIR against
(i) his own parents
(ii) parents of the girl.
(iii) pandit who conducted marriage
(iv) all relatives who attended marriage.
please also understand :-
(I) Marriage is binding if otherwise legal whether registered or not.
(II) police cannot arrest him (with parents) for refusing marriage but can arrest him for dowry demand.
Sudhir Kumar, Advocate
(Expert) 01 August 2015
how Mumbai Police is relevant, you have not elaborated and what help you expect from them.
Guest
(Expert) 01 August 2015
When the Boy Or boy's representative your self could speak so much about the Legal Value Now What were you doing at the time of Marriage.Now the Future of the Girl is in Question and better sort it out amicably.Not only her parents Even your self and your People could be held Responsible Legally.
vidya
(Querist) 01 August 2015
Hi sudhir
Thanks for the reply. About filing the fir. Again visiting the place is quite risky as the police around are talking in favour of the girl which is one sided. Can the fir be filed from mumbai as he has been staying here from birth. The marriage took place in 2005 at the native place also both have never stayed together . Hence I needed an idea what can be done from here. Police from loharu have warned him if he doesn't bring the girl they would arrest him..Please help
vidya
(Querist) 01 August 2015
Hi narsimha
With all due respect sir the boy was 17 years old and nobody from family had ever supported him anytime. He hasn't harmed the girl ever. How can some body or govt body force an institution called marriage upon him. Now that fro. Few years he became major and started earning he has raised a voice that he would not complete this marriage as it was forced upon him..hope you understand his situation then and now. Also he and his family have tried several times to resolve this issue amicably through mutual understanding with the girl parents but they have been adamant about this relation. To threaten him they approached police and asked them to warn him. Please advise.
P. Venu
(Expert) 01 August 2015
Is this person in love or otherwise in relationship with another woman and how you are connected with the issues?
vidya
(Querist) 01 August 2015
Yes he is in relation from past four to five years. I am the girl . Mr Venu can you advise what is the solution to this old problem which that girl's family is not ready to resolve in any kind of settlement.
Rajendra K Goyal
(Expert) 01 August 2015
It is advised to accept the situation and not to punish the innocent girl on small technical grounds, for mistake of elders in which boy was also responsible.
Divorce proceeding is associated with continuous tension, cost, time, no concentration on work etc. etc. etc.. Try to avoid in the hope of uncertain future benefits and ego.
Yes, if can not accept, consult local lawyer and proceed for divorce and hence be prepared to face the music.
Sudhir Kumar, Advocate
(Expert) 01 August 2015
WHen FIR of child marriage is to be registered it is at the place where the marriage was done. Not at Mumbai. Boy will also be arrested.
when Rajasthan Police comes to arrest him in Mumbai, then Mumbai police has duty to render all help to the police.
Dr J C Vashista
(Expert) 02 August 2015
@ Vidya,
1. How you are related to the query?
2. Whether Loharu PS is part of Rajasthan or Haryana (District Bhiwani)accordingly they can assume jurisdiction and not both? Where is the boy right now, i.e., Bhiwani, Loharu or Mumbai? How Mumbai police is connected/concerned?
3. Since the marriage is still incomplete and unconsummated it can be annulled and not divorce, which is comparatively easier, consult a local prudent lawyer.
4. I fully agree and appreciate expert advise of Mr. Sudhir Kumar to lodge a FIR against all involved in CHILD marriage, you will have to agree with military strategy that "counter attack is the best defence"
Sudhir Kumar, Advocate
(Expert) 02 August 2015
I do add:-
A Hindu marriage is not required to be consummated for being binding. Such requirement is there in Islamic Law only.
A marriage if otherwise legal is binding.
If it is a child marriage that does not mean that the parents of girl are debarred from making (true/false) allegation of dowry demand.
When criminal case of child marriage is filed then the boy cannot expect of be out of the list of accused. Even though he was minor the criminal liability is not zero for a minor.
Further, howsoever you may instigate he is not filing any criminal case against his mother and father.
T. Kalaiselvan, Advocate
(Expert) 09 August 2015
Basically the child marriage is void and can be fought on that ground or since the marriage was not consummated a divorce case can be filed on that ground too, if the girl's side has foisted false cases, the husband may challenge them in the basis of merits in his side.Take the help of a local lawyer and after consultation, decide the next course of action.
