Shruti Chawla (Associate) 03 October 2012

Marriage against parents permissions

Hi,
I and my friend decided to mary at Arya Smaj Mandir, without permission of my parents. My family is against it, and can threaten the boy and his family. I have few questions before we take this step :

1. What steps my father can take legally against boy's family? what types of cases can be registered against ur or against boy's family, and how to get over them?

2. What step's we should take to expose this matter publically.

Please please, help us for a better future.

Thank You !!

Shruti

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3 Replies

Tajobsindia (Senior Partner ) 03 October 2012

See;

1. if you and he on date of ASM were 18 and 21 years respectively and there exists valid ASM Marriage Certificate in my opinion grow with your marriage with him leaving all these worries behind.
2. if you can always support him come what may come in front of any Public Authorities then it is suggested to grow in your marriage with him leaving all these worries behind.
3. if you both really feel scared 24x7 of views / questions of society on your marriage then hire an Advocate from reference or via LCI database search and file a Writ of Mandamus before State’s HC for granting protection to newly wed couple. That is going to be deterrent to your father and society not to act against you two and you both will be under State’s protection.
4. it is not the right word "expose" I would rather use "announcement", however, be it so first get a Writ of Mandamus Order in hand and throw a open-house "marriage reception" to announce your mature marriage to society that both keep and at the reception hall door paste the HC Order that is enough to "announce" your marriage to known and un-known public.

ASM = Arya Samaj Marriage

Shruti Chawla (Associate) 03 October 2012

THANK YOU very much tajJobsIndia !! This helps a lot. I have few frurther questions :

1. How much time notice / process takes to file a Writ of Mandamus ?

2. Is their a feasibility where my father can file a police case of kidnapping/force marriage etc against my in laws?

3. If they file, what's the process to get out of it?

4. We are planning to elope for few days, leaving groom's parents behind. How can we protect them against any charges?

Again, any help is highly appreciated.

Thanks a lot !!

Shruti.

Tajobsindia (Senior Partner ) 03 October 2012

Originally posted by : Shruti Chawla
	1. How much time notice / process takes to file a Writ of Mandamus ? Take: At the time of going to ink this, any advocate worth skills of his trade can overnight draft and seek signature of clients and file recommended nature of Writ tomorrow first thing in the morning (offcourse fees needs to have been paid J) Once filed in filing Counter of State’s HC Diary no. gets generated and after removing (if any) filing defects it is pushed for Bench allotment. Just after Bench allotment it will appear on Board for admission hearing with date of hearing published in day's Cause List of the State’s HC hearing matter before various Bench. It means HC has seized the matter and say in a legal way protection starts from this day onwards in a literal legal sense till Notice is returned and any objections as in reply is filed by parents from either side and/or State’s behalf which is heard of in similar matters to be NONE, if both would be couples are of major age and more particularly female person supports during HC enquiry her male person and then State protection due Order is passed whose Certified Copy you paste on your new HOME front door for THEM to take NOTE OF J 2. Is their a feasibility where my father can file a police case of kidnapping/force marriage etc against my in laws? Take: Once protection in hand NONE. Be it so you are protected by State. 3. If they file, what's the process to get out of it? Take: Quash an advocate would know but it is highly unlikely an experiment if they do so. 4. We are planning to elope for few days, leaving groom's parents behind. How can we protect them against any charges? Take: Wow, the elopement part I cannot decide / suggest / reply due to my peculiar ethical reasons. For the rest part under this que., if both of you see eventuality that of GREAT hue and cry from either or both sides parent are going to surface overnight then it is better to file a WoM tomorrow itself !. I mean why wait for future to take your lives split - apart when rosy present can be taken care off by State Laws all under professional fees payment in advance mode J!