A Hindu boy of aged about 24 years and a Muslim girl aged around 17 to 18 years were in love for several years,parents came to know the matter made an engagement to her with another boy. then the couple eloped then got married in a temple. the couple returned to S.P office for protection, S.P sent them for Counseling to DSP office, local MLA intervened into the issue, influenced the DSP the girl was taken away from the boy forcibly. no case was filed against the boy. no complaints filed regarding the missing of the girl hence there was no record.
time has been passed story turned as follows.
girl continued the relation with the boy for 3 months, then she was caught up by her father while speaking with the boy. then boy has no option to send legal notice to her under restitution of conjugal rights. the notice was received by girl and her family. once again local leaders interfered into the matter. false complaint under section 354 (D) and 506 IPC filed, honorable Court acquitted the accused after the trial.
1. date of marriage performed on 29/05/2013.
2. date of taking the girl back to home was 04/06/2013.
3. date of legal notice received by girl was 19/10/2013.
4. date of filing false complaint under concealment of marriage factors was 22/10/2013.
5. date of engagement broke down was 25/11/2013.
6. second false case was filed under sections 366,341,420,506 ipc. on 07/01/2014.
now trial has committed to sessions court under sections 366,420,341,506.
i need your valuable help/advice in the following issues.
1. can i ask for proof for kidnap/abduction? (because there was no case filed against accused at the time of elopement,police has not recovered the girl to the parents. there was no dates found when the kidnap/abduction taken place in the charge sheet.)
2. can i ask for proof for the marriage whether it was performed or not? (because father of the girl in his complaint mentioned clearly that marriage was took place at temple on 29/05/2013. that was against will of the victim. there were no proofs available with complainant.)
3. can i ask for video graphed trial proceedings? (because there was so much conspiracy taken place there are documented evidence present with accused to show that C.I of police was the key role player)
4. can i defense accused in the following manner?
A. that girl was 17+ years she abandoned the parental guardian ship under the pretext of marriage.
B. a Muslim girl can marry at the age puberty against wishes of her parents.as per child marriage restrain act a marriage not void but voidable. after her marriage lawful guardian is her husband only. marriage was performed under Hindu ritual HMA never opposed inter religious and under marriages are void.
C. consent age for marriage is 16 only not 18.
D. kidnap mean complete removal of parental guardian ship. but the girl was with them after the marriage there was no removal present. there was one more case before filling the 366, where there was no alligation about kdnap
