Forced marriage.
venu
(Querist) 13 May 2011
This query is : Resolved
Dear sir,my freiend's son is 27 years old & he is a doctor. He was in love with a girl for the last 4 years,inclusive of physical relationship with the girl with mutual conscent with necessary precautions. before 4 months girl refuse to marry him & last month she called him again & he was taken to a local mahila sangam. There in presence of 10 onknown people,he was forced to sign on a 10/rs non-judicary paper that he will give assurance to marry her. My queries are as follows. 1.Since both of them belong to differant communities boys parents are not willing for this wedding. 2.In case they force him to get married i think this would be a troubled marriage. 3.After marriage can the boy seek for divorce with out performing the consummation ceremony officially. 4.in case he files a for a divorce,can he get a divorce.What would be the time frame. 5.With out performing the marriage,can he escape paying her some compensation. His whole family is in distress. Please advise me what can be done. Intimate relationship of both of them was with mutual consent. Please send your valuble advise. The case has already gone to mahila sangam. With regards, Venugopal.
Devajyoti Barman
(Expert) 13 May 2011
First understand that the Mahila or other similar Sangathan has no force of law and they are more nuisance maker than anything else.
Now that agreement or undertaking to marry her has no legal substance as well law does not force to marry a person even if he undertakes to do so in writing.
The process to get divorce is a very complicated one and does take lot of time unless the same is a mutual one.
Yes , it is better to offer to pay them damage and get out of it, of course if the boy wants so.
What his parents think is not important. After all it is the life of the couple not that of his parents.
M/s. Y-not legal services
(Expert) 13 May 2011
Yes. Nice reply by mr.barman. Even he told the nature of justice for a usual life. Also whatever may be happened in your case.. Having physical relationship with a girl by giving promise to her that will marry her, its also an offence under penal provisions..
M/s. Y-not legal services
(Expert) 13 May 2011
Even though if they got married mean he can file a divorce petition as a layman.. No one can stop him. And one more thing since view not get legal marriage she is entitled to claim maintenance from him. Law is favour to her in lot of previous cases.
M/s. Y-not legal services
(Expert) 13 May 2011
Even though if they got married mean he can file a divorce petition as a layman.. No one can stop him. And one more thing since view not get legal marriage she is entitled to claim maintenance from him. Law is favour to her in lot of previous cases.
R.Ramachandran
(Expert) 14 May 2011
Dear Mr. Venugopal,
As rightly advised by Mr.Barman, the papers which your friend's son was forced to sign has no legal sanctity or validity or enforceability.
Therefore, one need not worry on that count.
You have not indicated whether the boy and girl are very much interested in getting married or not?
One time you say that 4 months back the girl refused to marry him. That means is it that the boy approached her for marriage?
But what would be of worry, is if the girl says that she consented to physical intimacy as the boy promised to marry her, then he will be in trouble.
First getting married, and then trying to obtain divorce is not an easily workable proposition. It may have lots of twists and turns.
modassir nasim
(Expert) 14 May 2011
in my opinion boy should register f.i.r. in local police station as he has been forcefully singed a stamp paper, regarding this issue against the girl and mahila samity.
second thing is that he doesn't has to worry about marriage as no law can enforce him to marry.
third even if the girl register an f.i.r. against the boy that he did physical relation with a promise to marry her, it will amount to no offence if the girl was major at the time of physical relationship.
Jitendar Kumar gupta
(Expert) 15 May 2011
immediately file a complaint to the police against the girl and the mahila sangthan.
J.K.Gupta Adv. New Delhi
9868529732
guptajkin@gmail.com
M V Gupta
(Expert) 15 May 2011
As a rejoinder to what is stated by Mr. Nasim, I would like to say that any consent given under inducement of promise of marriage may amount to rape, as the consent in such circumstance cannot be regrded as voluntary or free. It may alsoamount to cheating under Section 420 of the IPC.
Guest
(Expert) 16 May 2011
Dear Venu,
The story has some contradiction. On one hand you have stated that before 4 months girl refused to marry him & last month she took him to a local mahila sangam, where your friend's son was forced to sign on a 10/rs non-judicary paper to marry her. When she became ready herself later after 4 months, she herself would have given her consent to your friend's son.
Anyway, irrespective of whether your friend's son was forced or not to sign the stamp paper, or whether that has any legal value or not, it becomes moral responsibility of your friend's son to marry her, if he established his physical relations with her.
