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sameer (.)     27 January 2011

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



Learning

 12 Replies

Arup (UNEMPLOYED)     27 January 2011

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.

1 Like

Shubham kumar (Practising Lawyer)     27 January 2011

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.

Arup (UNEMPLOYED)     27 January 2011

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.

Arup (UNEMPLOYED)     27 January 2011

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.

1 Like

Shailendra prasad singh (Lawyer)     27 January 2011

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

Avnish Kaur (Consultant)     27 January 2011

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).

1 Like

Tajobsindia (Senior Partner )     28 January 2011

@ Avnish

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

1 Like

(Guest)

@ 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"

 

  

1 Like

Jamai Of Law (propra)     28 January 2011

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.

 

1 Like

ambrish (service)     28 January 2011

You are attracting a lot of legal troubles. Marriage by a under age is illegal first. Second, practically the in such cases father of the girl do not spare the boy and spread a big net through police and lawyers to teach a lesson. so....it is a very very risky decision.

manjit kalra (system eng)     29 January 2011

very correct jamai of law

 hma

 

5. Conditions for a Hindu marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

(i) neither party has a spouse living at the time of the marriage;

(ii) neither party is an idiot or a lunatic at the time of the marriage;

(iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

(vi) where the bride has not completed the age of eighteen years, the consent of her guardian in marriage, if any, has been obtained for the marriage.

your marriage is valid if u married after girl completed 18 yrs , only girl can challenge its validity not her parents. dont let her part from you to her parents place on any promise even if written. in this scenario if mia biwi razi nothing can be done by qazi. retain all evidence of your marriage safely.

Sid manere   23 April 2018

@Avnis there is the one problem , if they both decided to live in relationship but her parents dont want this , so can the separate them ?? , Acculy i have same problem , and we decided to go with the live in relationship, i am 19 now and my gf is 23

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