Remedies for a girl who got married at the age of 17.
Kaushalya
(Querist) 25 May 2010
This query is : Resolved
A girl married while she was almost at the age of 17 years old. "GAWNA" is not performed yet. She got married before 5 years. She is now 21 years old. Her husband and in-laws alongwith her family pressuring to go to her husband's home. She is pressurised badly with some threatens from the family. She did not want to go there. She wants to complete her studies but they are forcing to leave the studies. She wants to become some professional. She wants to be separated or divorced from her husband. Can she live independently alone as she doesn't like her husband? What are the remedies available to her in this case?
Raj Kumar Makkad
(Expert) 25 May 2010
She should file a petition before Family Court under section 12 (1) of Hindu Marriage Act seeking her marriage null and void. Such marriage shall definitely declared as nullity and she shall be free to live as per her free whims and wishes and her alleged marriage shall be treated as not performed ever.
Kaushalya
(Querist) 25 May 2010
Respected Sir,
But I have heard that she must had to file before attaining the age of majority i.e 18 years. Can she file case against her in-laws and husband for forcing and torturing her. Please suggest some things. Can she get a favourable reponse from the court? Will she be able to live proper life?
Raj Kumar Makkad
(Expert) 25 May 2010
As she has not gone to her in-laws family in gona so she may take the benefit of this occasion and same terms can be made beneficial for her. She may refuse having married with such person legally and the term of one year within attaining marriage is applicable if the girl is forced to go to her sasural at that time but in the case in hand, she is now being forced to go there so she first time came to know that she was married at the time of her minority.
Kaushalya
(Querist) 25 May 2010
Respected Sir,
Thank you very much for your valuable advice. I have one more query. I will be more thankful to you if you can solve this. What can she do if her family members or in-laws including her husband take her forcefully to their home. What actions must be taken by her to save herself. Kindly suggest.
mahendrakumar
(Expert) 26 May 2010
will she be able to face all these expected tortures from family members and in laws etc?
legally she may request police protection.
but, police wont be able to protect her.
may be she can go away from the locality and stay there?
Kaushalya
(Querist) 26 May 2010
Respecte Sir,
Thank you very much.
Can she lodge a complaint in Police station regarding forcefully sending her to her husbands home. In-laws are also engaged in this.
Can she stay away from her parent's home? If yes how can she?
She is completing her graduation. She is in final year graduation. She wants to prepare for UPSC examination as the same time she wants to do LL.B three years Course.
If she will go there at husbands house definately she will be denied for further studies so consequently she can not complete her graduation and further studies as she has some ambition to stand on her legs and wants to prove herself but because of unwilling pressure from her family as well as from in-laws family,her future is in deep dark. As I want from you learned/eminent lawyers to give a very valueble guidance/suggestion from which she herself can save her future.
Is it not the violation of personal liberty and right to education and right to adopt any profession?
If she stay away from her family, Can her family members use force to bring back her to home?
If she wants to away from home. What are the available remedies for her.
What can she do now?
mahendrakumar
(Expert) 26 May 2010
legally,answer to all the question is positive.
but to proceed further,she must atleast gather the support of her family members.
for further studies etc,she needs cash.
in the absence of the support from her own family members,who is going to finance her?
to answer your queries based on technical/legal ground,it is very ease.
i feel your friend need a personal counseling,so that whatever risk she is taking, she understands the consequences.
Kaushalya
(Querist) 26 May 2010
Respected Sir,
Thank you very much.
Does it mean that she will win her battle in the court? Does it mean that she will get divorce definately.
But, she has to face the consequences in future.
My final query is that:
Will she win the case in her favour? This is last request in this reqard. Please!
