Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shyam S Yadav (Analyst )     09 January 2014

Arya samaj marriage case: boy was 19 yrs and girl was 21 yrs

Need legal help for below case please help us.

ARYA SAMAJ MARRIAGE CASE: BOY was 19 yrs and Girl 21 yrs

I need legal help on a Child Marriage Case for my younger brother.

Story starts in year June 2010 when one of our relative (My real Uncle ( Cha-cha’s ) brother-in-law’s ( Sala ) daughter , in non-real relation both considered as brother and sister. They introduced girl to him at a marriage function when my brother was 17 years old studying in 12 th Std., they came close to each other as per them, also they claims they went out but it’s not true as he was under training in Air force for last 1.2 years, they hardly met 3-4 times in entire 3 years time as per my brother.

They never said or informed anything to us about their friendship, we also never suspected, Even they all went to marriage happened in Delhi in Dec 2012 we invited them being relatives. Later in 2013 when my brother turned 21 years legally ( Currently  Working in Defense - Air Force – Govt. Job from last 1 year – Currently  posted in Bangalore ) , girl and there family came up with a marriage  certificate and few photos ( Not Marriage pics or videos , just normal pics ) and harassing him and our family for accepting  the girl ( She is now 22 years ) , Stating they both married in a arya  samaj temple in May 2011 our home town when he was there - Uttar Pradesh  Manipuri , whereas after forcing my brother he confessed that yes they  both were good friends but later girl and there family had mentally harassed him  for marriage , but he was not adult he was just 18 years at that time , so they arranged for marriage in temple with his fake documents ( Driving License - where DOB is 1989 , actual is 1992 - for which we have all  proofs as per Govt. records and police verification). They took money every month from him just to hide this fact from us , also they came to our house several time threaten us for Dowry case , Domestic violence case etc. , also twice they attempted to attack my brother when he went on vacation to Mainpuri. Even he doesn’t want any relation with that girl as he got to know it was a plan to get property money and spoil our family name.

Last time in Dec 2013 we all decided to talk to them and settle this matter as we don’t want to spoil anyone’s life, money n time due to court. We agreed to marry that girl after 4 years as boy is just 21 years , don’t have enough savings as well as 25 years is the right age as per socio culture. But they didn’t agree they asked around 10 lacs to wait for 4 years as well as property share as a proof of evidence for 4 years. We tried to convince them but they want money , as nowadays scenarios they mentioned few cases of Asharam , Justice Ganguly etc. they threatened us to put a case of fake rape , dowry , 498a etc.
As being a girl all sympathy goes to her , but no one listens to boy and his family.

On Jan 1 2014 , we got to know from our relatives that they had given a complaint in district court , regarding which we received a notice but my brother was not available there we couldn’t get that in hand , postman went back.

 

 

 

Highlights of Case:

·         Boy was not of age 21 years when marriage was done

·         None of our family member was there in marriage, so we are not sure if it’s done or not?

·         Arya Samaj claiming they performed the marriage by taking Rs. 10000 , no notice , no information to parents , nor the signature are matching in Arya Samaj Certificate of boy.

·         No pics and videos of marriage

·         Girl and Family are relative of us, it was a plan to blackmail for money and  property.

·         Girl and boy never stayed together

·         They filed a complaint in court on Jan 1 , 2014 not sure with what fake charges , we got notice but didn’t received as boy was not there in Mainpuri.

·         They didn’t compromised on anything even though we agreed to accept her , after 4 years when boy would be 25 years correct social age as well he will have some savings to feed her but didn’t agree they asked us rs. 10 lacs and property to be silent till 4 years, we refused they put a complaint in court.

 

 Its seems a pathetic situation where girl is elder , no match with girls  family , even my brother don’t want to go for this marriage and they never  stayed together , want to know what is the legal action we can take  against girl and her family we r in metal trauma by this all drama , they  threaten us every day that we will file a case and go to media etc etc. , asks for money around 10-20 lakhs etc  Please guide us and help us ??

Regards
Shyam S Yadav
email :
shyamssy@gmail.com

Bangalore



Learning

 3 Replies

Shyam S Yadav (Analyst )     09 January 2014

Request .....all experts to show the correct legal path....pls reply

Shyam S Yadav (Analyst )     10 January 2014

Thanks for reply.....
But Marriage happended on 29 May 2011 ...at that time boy was 19 and girl was around 21......now Boy is 21 yrs n 10 months , girl is 23.

Can we make this marriage null or Void on below basis:

*       Boy was 19 years when marriage was done , girl was 21

·         None of our family member was there in marriage, so we are not sure if it’s done or not?

·         Arya Samaj claiming they performed the marriage by taking Rs. 10000 , no notice , no information to parents , nor the signature are matching in Arya Samaj Certificate of boy.

·         No pics and videos of marriage

·         Girl and Family are relative of us, it was a plan to blackmail for money and property.

·         Girl and boy never stayed together

·         They filed a complaint in court on Jan 1 , 2014 not sure with what fake charges , we got notice but didn’t received as boy was not there in Mainpuri.



 Its seems a pathetic situation where girl is elder , no match with girls  family , even my brother don’t want to go for this marriage and they never  stayed together , want to know what is the legal action we can take  against girl and her family we r in metal trauma by this all drama , they  threaten us every day that we will file a case and go to media etc etc. , asks for money around 10-20 lakhs etc  Please guide us and help us ??

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 March 2014

Have the boy and girl got converted themselves to Arya Samaj?  Do all of you belong to Arya Samaj? If your answer is "no" to both the questions then the boy and girl are not married under a valid marriage ceremony. Temple marriages are not valid marriages. Arya Samaj marriage is not valid either as none of you are Arya Samajis. Under the Arya Samaj Validation Act, such marriage will be valid only if both the parties belong to Arya Samaj. You can get the priest, who performed the marriage, arrested for performing a marriage, which is not valid.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register