Upgrad LLM

please help me, i am 19 can i marry in court


i am in big problem, please help me!!

sir i am 19yr. old and i love with a 18yr old girl. We are married in a temple but had not told to anyone in our families. but suddenly they get know that we both are in a relationship, so our families are seperating us, and the girl's parents are forcing the girl to marry someone else, they are blackmailling her! my parents are with me but the girl's parent are not ready for our marriage. the girl's dad had also beaten up her for loving me. 

 

now we both has decided to run away from our homes and firsly get married in court. but the problem is that in court marriage the boy's age should be 21year, but i am 19!! and before court marriage police will not help us.

what i do now?? :'( :'(

can we marry in court if girl say that she want to marry me?

please haelp me

 
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UNEMPLOYED

your marriage not valid in the eye of law, as because you not reached to the minimum age requirement that is 21 years for male.

however age for girl is 18 & nobody can force her for anywhere else.


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Practising Lawyer

Please don't take any decision so hastly, you two are too young to take such a big decision , thats marriage. And what after marriage, its a big responsibilty, it requires financial independence, physical & proper education aswell.  because even if you get married, after marriage lot of things can happen.

The girls parents can make your & your parents life hell. And even after marriage if the girl turns back and says that this boy forced me to get married then rest of your life will be a total waste , with lot of sufferings. So think properly what you want, and can you manage to face all the pros & cons.

Don't take any decision hastly, your life your career , everything will be at stake.

 
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UNEMPLOYED

now we both has decided to run away from our homes and firsly get married in court

- stupid couple, court will not marry you till you reach to the age limit, just wait two years and get married legally.

 
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UNEMPLOYED

and before court marriage police will not help us.

 

no, not that if she or on behalf of her, you complain, about her forcedfull marriage by her dad - definitely police will take action.

even you may go to court or meet the people's representative in your area - if police inactive.


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Mr. Subham kuamr is right, i m with Mr. kumar's opinion.

 
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Consultant

ur marriage is valid , but its very tricky situation. if u two are together they cannot do anything. they cannot force her to part from u even  in a livin relationship for which theere is no age bar yet defined except attaining majority (18 yrs for both boy and girl).


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Senior Partner

@ Avnish

Fantastic reply. That is what I call master (read masterni...) of live-in relationship; u r a true blue OSHOITE :-)))))))


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@ Avnish Kaur

 

Good  answer given by Avnish kaur:P(masterni)

And the couple are Financially safe as the author said,"my parents are with me"

 

  


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propra

There is a catch and a solution also... (Is your wife rasing objection? then it is a problem otherwise not to worry!!)

 

On the day of your marriage....were you both aged more than 18 atleast?

 

Was female aged  18 years or more? and Was she in conscious/sane etc state?

Was male aged  18 years or more at least although les than 21? and Was he in conscious etc/sane etc state?

 

 

In how much time after your marriage ...your marriage thing got exposed?...have you lived together for 1 year or more (is it consumated and cohabited for a year?)...... after the marriage solemnised in temple....

 

Your parents may not raise objection since you were atleast major although not 21.......but 21 is the age of marriage for males.

 

So only your wife herself can raise an objection about legality of your marriage in this case nobody else....and not even her parents !! And it may be registed also legally using the time bar waiver of 1 year of period after solemnisation and cohabitation (Sec 12 c of HMA . (the petition presented more than one year after the force had ceased to operate))

 

So if your wife raises an objection about validity of marriage only then it is going to become an issue (Even her parents won't be able to raise objection because she is also major as well legal age of 18 at the time of marriage.)

 

 

There is difference between void marriage and voidable marriages.

section5, and iii therein, of HMA1955 is voidable  i.e. it may be annuled (due to circumstances of the case and objection raised by other party of party's guardian) and if criteria of section 12 C of HMa 1955 is fulfilled (the petition presented more than one year after the force had ceased to operate)

 

section 5 and i, iv and v  therein , of HMA 1955. It is void marriage in EVERY case.

 


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