cpc

interfaith under age marriage validity!


hello sir/ madam,

i am sulthana, i am a muslim, i was in love when i was 17 my parents make engament for me. at that time i married a Hindu boy! at temple, whom i loved.
then we back to home town, my parents took me to home after some days he sent me a lawer notice restistution of conjugal rihgts.

then my parents file a case against him, on police station, under 354D adn 506

he was acquitted from court.

my parents said that our marriage is not valid, because he is hindu and i am muslim.
then i stoped speaking with him, he also not speaking with me.

recently he filed a complaint against my family, under 420,500,34

in the court he said that i am his wife.

recently one of his friend told me, he is going to file one more case on us.
he wants to validate the marriage, and then will take revenge on us.

i ask his friend how he validate it? he told me about chailed marriage restrain act. then i have gone through it. where i found that chaild marriages are not voide but voidable. by making contracting party filing a pition in district court.

but i never made it becaz so many told me our marriage is invalid.

in chaild marriage restrain act initially says that this act is applicable all indian citizens. expt j and k.

now i am 21 years, my father searching for the bride groom, with in two r three month i will get married.

but my fear is, is it possible to validate our marriage as chaild marriege restrain act? if yes wat woud be my future?if  i get married some one else?

rest of three marriage acts, hindu muslim and special marriage acts there is no way!

every citizen means hindu and muslim also. 

actually i should have gone district court and nullify the marriage. before i becom 20. now i am 21

what i hav to do now?

is my marriage vallid through chaild marriage?

to file a case on him it is already late with in two year from the date of marriage we could do it.

 
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LEGAL CONSULTANT

1.Without converting into hinduism UR marriage in a Hindu temple is not valid.

2.As U were a minor at the time of marriage,the marriage itself is not valid and the boy could have been prosecuted.

3.When the marriage itself invalid,where is the question of nullifying it.


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than you so much!

but our lawyer said that there is chance! 

may be he tried to create fear in me.

 
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LEGAL CONSULTANT

What is UR present stance on UR boyfriend(husband),Ultimately U want to keep away from him.

 
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Scientist/Engineer

It is not clear what exactly you want to do? Do you fear that because you married a Hindu boy earlier (valid or otherwise) there will be problem if you marry again another person. If your father is now arranging your marriage let him handle the problem consulting an advocate if necessary. On the other hand if you still want to be with the Hindu and he also wants you as his wife you enter into a valid marriage with the boy. There are two ways you can marry again that Hindu boy. Both of you remain in your respective religion, go the office of a marriage registrar and marry under the Special Marriages Act. The registrar will advise you what to do. Alternatively both of you go to an Arya Samaj temple or Office, both of you convert yourself to Arya Samaj and get married under Arya Samaj Marriage Validation Act.

 
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LEGAL CONSULTANT

Mr.Durgaprasad are U a trespasser into this query

 
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Scientist/Engineer

If you do not any more want to marry your former boy friend the law is very much on your side. Your father can do everything for you. Only he has to hire a good lawyer. You can plead to the court to declare your marriage to Hindu boy null and void as you were minor then and also you had not changed your religion. You can also pray to the court to order him not to interefere with your life in any manner. If he still stalks you or telephones you there are laws to deal with the situation. He can be punished.

 
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i dont think so.....

som one said, there is no question of validity of the marriage.

how can wil law help her? as a husband he has the rihgt to speak with her, marriage done may b two r three years before. since then the relation has been continuing between them.

inbetween the time they hav fild a case of false representation.

chaild marriage restrain act is time bounded.

how can she plead the to nullify it.

how the court wil do that?

wil the court move beyond the limits of law?

if she said that, she did not converted in hindu, there is a technical issue. in which marriage act of law i mean hindu muslim or special, she will get the divorce? as a muslim she can not apply for divorce in hindu marriage act. as muslim she is not eligible to get divorce becaz marriage is done under the hindu rights. from CMRA-2006, her time is over to go for nullity.

u know one thing intially she intentionally cheated him. 

the first legal step taken by the boy only, then they filed false case. from which he was acquitted.

now the ball is in boys court.

chaild marriage is an offence only, but not void. the boy sacrificed himself for her. wat did she do?

and now she can not book him under CMRA-2006. becaz time is over.

 

 

 
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Scientist/Engineer

There are many cases where child marriages have been repudiated. Under the law a child marriage is ab initio void. There is no question of a void marriage  automatically becoming valid with passage of time. There are at least two cases reported under 'Crime Patrol' on Sony TV. In one case a couple who were married as children go elsewhere after becoming adults and live as husband and wife. The man gets employed and he invites his unmarried employer home for dinner. Sometime later the wife elopes with the employer. The aggrieved husband files adultery case against his employer. But the court decides against him saying that his original child marriage was not valid and what the employer did was legally not adultery. In due course the employer and the woman got married in registrar's office without the woman divorcing her childhood husband.

In the second case of child marriage the girl had not attained puberty at the time of marriage. After the marriage the boy goes to the city for higher studies. After becoming an adult he returns to the village. The girl had also reached puberty. But the boy repudiates the marriage and refuses consummation of the same. The village panchayat decides against the boy's family and ostracises them. The local police inspector does not help as he belonged to the same caste as the villagers. The boy's family goes to the city and gets a court order restraining the village panchayat.

In India a marriage, whether child marriage or otherwise with continue until death or until the marriage is challenged. When I entered Government Service I gave the name of my wife and it was recorded. I was not asked about the details of our marriage or a marriage certificate. On the other hand I was asked to give age proof. Now I am retired after several years of service. My wife continues to be the same person and as per records she will be eligible for family person. One of my colleagues also followed similar procedure. His wife's name was also recorded as stated by him. But after about three years another lady came and claimed that she was the legally wedded wife of the Government Servant. Government asked both the women to produce evidence. The woman who came later could produce evidence such as a certificate from a local magistrate, marriage invitation cards, marriage photographs etc. The other woman could produce nothing. My colleague lost his job.

In the above case first I asked the girl what she wanted. If she still wanted to be with the Hindu boy they could enter into a valid marriage and her father could do nothing legally. But she does not want to go with the Hindu boy. The boy could do nothing. I am myself a Hindu. But what I stated was objective and the position under law. The girl says that she had no s*xual relationship with boy. In case she had even consensual s*xual relationship the boy could be charged with rape as the girl was then a minor.

Most probably Mr. Durgaprasad feels sympathy for the Hindu boy because he himself is a Hindu.

 
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