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Minor marriage

Page no : 2

Anu   06 October 2015

ok I can't do marriage at this stage and if my parents forced me to marry me somewhere else what is the way to stop it can any third party stop my marriage?

prabhakar advocate (advocate)     06 October 2015

Now, you asked me right question and I am glad to answer it.  You should not get married with your friend till you attain 18 years.  If your parents file a complaint, it is a valid complaint for kidnapping and he will be arrested.  Later on he will face trail and there you give your stament and he will be acquitted.  But he has to spend a sufficient time in jail and bail will not be granted so easily.  The judgment quoted above of Delhi High Court is of criminal trial, where the boy was treated as accused and had undergone the hardship of trial.

WHAT YOU SHOULD DO IF YOUR PARENTS FORCEFULLY MARRY YOU TO SOME OTHER GUY BEFORE YOU BECOME MAJOR?

Answer is very simple.  You will get full protection from the law.  File a complaint before the police.  The marriage before a girl attains majority is illegal and invites imprisonment under "Child Marriage Restrain Act".  If you do not want to take the matter, tomorrow itself you can go to civil court and file injunction suit (only through friend, as being minor you are not qualified to file a suit) and the court will grant injunction against your parents to force you to marry before you attain 18 years age.  In this case, you can make your area police SHO defendant, so that even you have court order with you, your parents may forciably marry you, then the police will come to your aid.  Even worse comes to worst, and you would be forciably married, then also as per Hindu Marriage Act, just immediately after you attain majority, you can repudiate your marriage and the courts will declare such foricible marriage when bride is minor, null and void.  So what you should do now is not to go for marriage, but along with your boy friend go to a good advocate and engage him to take preemptive steps, if your parents indulge in foricible marriage.

1 Like

Anu   06 October 2015

Can My Bf Alone Stop My Marriage If My Parents Force Me For Marriage.

prabhakar advocate (advocate)     06 October 2015

No. He cannot, having no locus standi.  But any major member in your family, uncle or aunt, any grand parent or your teacher can get injunction order against marriage.  You, yourself can write a police complaint against forced marriage being arranged by your parents.

prabhakar advocate (advocate)     06 October 2015

You can also contact local progressive women's organisation, whose head in representative capacity can file a case against child marriage.

Anu   06 October 2015

Thanks Will Get Back to You If Any Legal Assistance Is Required 


(Guest)

These lawyers will tell you like this only, go police station, go to lawyer, take cover under law, dont you think by doing this you will smash the relation between parents for ever?

 

Uske baad kon tumko paas aane dega?

Baccha hone ke baad sab theek hojayega karke bohot log bolenge, but your parents and his parents will always have this in heart that you both went against their wishes.

 

It is not right to go to police station to start a relationship. Police station is for crooks, 420s.  lawyers might go to police station as it is part of their job, you are in your teens, to marry there is a right frame of mind, not just tying mangalsutra can be called as marriage.  Marriage is not just unification of two bodies, but of two families.

 

Bhaag ke shaadi karogi aisa tumhari kya taqdeer?  kyon maa baap nahi he kya? Convice them to get you both married in proper way.  If it is inter-religion marriage and intercaste marriage, you better forget this and marry according to wishes of your parents.

 

If you still want to go ahead with this, then elope, get married and dont get caught for period of 1 year and then later get registered your marriage. [this option I wont suggest you both, it is not legal advice and it will only cause lot of problem to the boy and also you].

 

Rest if you both are adamant, take advice of the above vakeel sahab and do accordingly.

Jiss rishte ki shuruvaat police station mein ho, uska anjaam kya hosakta he woh tum khud socho.  All the best.

SAINATH DEVALLA (LEGAL CONSULTANT)     06 October 2015

Mr.Gyan Prakash,U are representing LAWYERS CLUB INDIA as a member and U are using unparliamentary and objectionable words against the lawyers. Its like drinking mothers milk and kicking her breasts.

manjeet singh   11 October 2015

if the boy is also minner than what is punnishmment for bothh..

T. Kalaiselvan, Advocate (Advocate)     11 October 2015

I think learned Advocate Sainath Devalla's observations are quite right that the questioner has posted the query to update the professional knowledge in the name of a query.  She knows a lot of things which by her given age is not matching to it.  Well, I appreciate the elaborate and proper explanation and advises rendered by learned friend Mr. Prabakar, hope this was useful to the author.  Mr. Gyan Prakash may restrain from passing such comments on the advocates which is undesirable, let him restrict his comments to the query alone. 

SAINATH DEVALLA (LEGAL CONSULTANT)     12 October 2015

Rightly concluded by Sr Adv Kalaiselvan

Anu   12 October 2015

Sir Knowledge Is Knowledge Sometimes 50 Years Person Dont Have That And Sometimes Even 16 Year Person Have That.And Moreover I have One Question in My Mind If I Myself Give A Written Application to my Concerned Police Station SHO Copy of the Same to the SSP and National Commssion for Woman Stating that I left my parental home of my own will and no one has anticted me or forced me. Will it work to Restrict Police from regsitering FIR against the boy.

SAINATH DEVALLA (LEGAL CONSULTANT)     12 October 2015

The query is alredy concluded,no more academics.


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