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preml   05 June 2015

Need advice regarding forced marriage/engagement

Hi,

I am 23 y/old girl and my parents have fixed an engagement without my consent. I even tried talking to the other family and informed that I am neither interested nor have I given my approval, yet they refused to cancel engagement plans and even sent out cards to their relatives. I am worried that I will be coerced into the engagement and subsequently into marriage probably through force and intimidation .

Q1. What legal avenues can I avail to prevent this from happening? Can I send a legal notice ( or cease desist ) to my parents or the other family to disengage in any activity related to my marriage without my prior consent? If not, then what other options do I have?

Q2. Should I already start collecting proof of some type to support my case that I am being forced? Or is my verbal assertion sufficient for basis of it being forced?

Q3. In the scenario, I am coerced into an engagement , how can I break it or seek legal respite?

Q4. What , if any, other non-legal avenues can I pursue to prevent being forced into marriage?

Thank You.



 6 Replies

AV Bagur Advocate (Advocate )     05 June 2015

You have alrelady taken the first step in your mission.

Second step, generally there would be some NGO in your locality that would be able to help sort this problem without fan fare, and still keep your family members on your side.  

Third, if you cannot locate such a NGO go to the dedicated Mahila police station (PS) if such a PS exists in your area. These police women are trained in handling these kinds of situations.

Fourth, if all these fail then go to the nearest PS and file a written complaint.  Keep the complaint a simple one page letter and don't take names in that compalint.

Fifth, if none of these works, then contact a good advocate.  He will be able to help/ sort out the matter in many different ways without making a public spectale of this issue.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 June 2015

Neither UR parents nor the BOY's parents can force U for the marriage,when U R not willing. U are a major and immediately take the assistance of Mahila orgns or lodge a complaint with the concerned PS. I am not going to ask as to why UR are not interested in marrying that boy,but at the same time marrying someone against UR wishes will create turbulance in the lives of both the parties.Hence act wise and proceed.

advocate nitin kumar (lawyer)     05 June 2015

you are not married yet so there is no chance you could get a divorce and as far as marriage against will is concerned then no one can force you to marry anyone without your 100% approval and consent.

 

kindly take some relative from your side who is supporting your cause and approach the local lawyer for seeking solution from the family court of your district.

 

but mind you, this should be your last step as going to the police station or court will/shall ruin your relations with your family so my kind and humble advice to you is to convince your parents properly and effectively even through some relative to whom your parents consider important.

 

hope that helped.

all the best

 

saravanan s (legal advisor)     05 June 2015

since you are a major you have all rights to decide about your life and your parents cant force you to marry someone against your wishes.if they do so also you wont leave peacefully rather you will either seek divorce or nullification.your parents dont seem to understand that.

better resort to the help of ngo, womens rights organsiation or file an complaint with the police but as adv nitin had said let that that be the last option for that will spoil your relationship with your family forever

K.P.Satish Kumar (Advocate)     05 June 2015

file a civil suit and get injunction for the forcible marriage. And silmultanously you can also file a police complaint.

Biswanath Roy (Advocate)     08 June 2015

Since you are a major girl marriage without your consent, if proved shall be a nullity. Simply in a letter form mentioning therein your father's name and full address and boy's father's name and full address you lodge a written complaint in the local P.S.  that your parents and the boys parents by joining their hands with each other and in league arranged your marriage against your will and without obtaining your consent and by force which is against the law of our country and  you pray for his protection.  Immediately thereafter taking the receipted copy of your said complaint file an application U/S. 156 (3) Cr.P.C. before the Judicial Magistrate to treat your complaint as F.I.R and to investigate the matter and to submit the same before the court for further order.


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