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bupesh   24 October 2017

Protection from false cases by girls parent in love marriage

Hi

I married to a girl according to hindu traditions in presence of Friends and colleagues about 7 months ago in a temple as our parents was not agreed. we are both are well educated adults and from different caste.We have enough proof of our marriage(photographs and video) and registered our marriage in local registery office and got certificates. I later conveyed about our marriage to my parent and they are in neutral mode neither happy nor creating any noise. we didn't told girl's family about our marriage till now but as they are aware of our relationship prior to marriage, so they are now threatening both of us to kill, harm, make life miserable. As we are far away from girl parent so feeling little safe. But girl parent keep on asking her to return home as she is doing job in my city.Now primarly I have two concerns one can they take any legal action against me/ours? secondly they may harm us phyically?. for us it seems her parents not going to accept us at any cost. We are not disclosing about our marrige to her parent or police or court as her may come to know our location and can harm us. So Can you please suggest us a way to make our marriage and life safe.

Eagerly wating for your responses

Thank you



Learning

 15 Replies

Jaspal singh (practicing lawyer)     24 October 2017

You both can file protection petetion before High Court in case you are feeling unsafe and the girl parents have threatened to face the dire consequences.

Regards

Jaspal S Maini (Adv)

9999987283

 

 

bupesh   24 October 2017

Thank you Jaspal for your valuable suggestation. we are also planning for same but doing so may lead to disclose our location to her parent as High Court may send some legal notice to them. And other thing I just want to know whether her parent can lodge any legal case against me/us for not disclosing our marraige? If no then what if they put any false kidnapping or brain wash case against me. Does our constitution allow us right to either disclose or not disclose our maariage to our parents. is there any such law exist? Sorry for asking so many questions. But I just want to have some more information of law for sake of our protection.

Thank you once again.

1 Like

Dr. Atul [9013898936] (Lawyer, Scholar)     24 October 2017

Bite the bullet and tell your in-laws and let things come to a head, if they have to. There's no point in waiting for things to happen. And the moment you inform your in laws, at the verrrry slightest hint of trouble, at so much as a faintest threat of bodily harm, the two of you rush to the police station and both make a joint written request seeking protection. Let her write that she has willingly solemnized marriage with you free of any threat, duress or coercion. No you won't get any protection but you'd have placed it on record if anything worse happens. Keep a petition ready with all of the facts till date. And, God forbid, if anything worse does happen, High Court the next day.

Not disclosing marraige to parents is not an offence. Brainwashing is not an offence; with all due respect and my best wishes, I hope you have brainwashed her enough.

The most they could do, if they really really really are insane is make a complaint of abduction against you or even file a habeas corpus alleging that you are keeping her against her will (this is hypothetical, but I've seen it happen). Which makes it all the more impoprtant that both of you disclose your location willingly, voluntarily and on your on accord to police in writing such that in the event that they make that insane habeas move, you pre-empt them. The Constitution of India gives a right to two consenting adults to do what they do with their personal lives but that doesn't always translate so well in reality so you better make preventive moves in advance rather than as a reaction.

Don't want it to happen, don't think it'll happen, but be prepared for the eventuality if and when  it happens. Try to relax and God bless you two.


(Guest)

Jaspal suggesting go to High Court, as if High Courts are sitting freely to take up such cases and give justice? 

Second one suggesting bite the bullet?

Both are wrong advices.

Marriage is personal choice. But for divorce you have to beg courts.

Marrying secretly will not amount to marriage you can go to jail for doing fake marriage,

Marriage is done for sake of society, though for self, former holds more importance,

Case will go anywhere from you getting framed abduction, rape charges and you becoming villain of women overnight.  Possbily you will hang yourself due to humiliation.

or simply spend time in jail.

Dont go against wishes of parents, such marriages wont last than a night.  Better book a room, use condom and enjoy, than simply roam courts.

Girl will be married off even if pregnant by your baccha and you will go to jail.

Think all this.

bupesh   24 October 2017

Thank you Atul,

Thank a lot for your valuable suggestation and clarifications.

Kumar Doab (FIN)     24 October 2017

If the girl was adult and have married by her free will and girl and witnesses are on your side and you have evidene in shape of video/audio records then atleast you may feel safe on abduction and forced marriage.

Regarding threats you may arrage for your protection.

Your wife may herself agree to not to visit her parents...

If she has already agreed, it is good. 

 

Dr. Atul [9013898936] (Lawyer, Scholar)     24 October 2017

@KD: Just adding to your post, nothing personal. Why I suggested him to go to police and make a joint request in writing alongwith his wife had a reason. I did not want to poison his mind or sow suspicion so I didn't speak at length, but I've seen cases (at least in Delhi High Court) where couples eloped and got happily married. The girls parents filed a habeas corpus alleging that the girl was being kept against her wish. The police was directed to produce the two. And here comes the shocker. I don't know and can never know how and why, but maybe she was under some sort of pressure from her parents, some emotional blackmail, something, I don't know but the girl gave an affidavit in Court and stated in open Court that her marriage was under undue influence of the guy. And he was in sh*t.

That is the only reason I suggested that querist/original poster's wife  makes a request in writing along with the querist/original poster seeking protection and also state that the marriage is of her own free will. I know police is not going to give them a PSO :) Sorry Bupesh/original poster, I'm not suggesting it'll happen with you. All I mean is, why even let that extremely remote possibilty happen if you can pre empt it.

@ Raj Malhotra: I could give a fitting response to all your 'advice'. I mean the chap is scared, he is seeking advice for safeguarding the worried couple and you advice him on divorce and illegality of registered marrriage performed with witnesses and evidence. He did not do gandharva vivah, for Lord's sake!!!! Like I said, I could answer your wisdom but your vitriolic post only makes me feel you must've gone through a very bitter and painful experience. God be with you.  

Jaspal singh (practicing lawyer)     25 October 2017

Ask the girl to wrote a letter to commisioner/S.p of your area that i am 18+ girl and got married to boy with my her own will in love and affection without an but my parents are not happy with his marriage and threatned us that u both will face the dire consequence for this marriage And also send one copy of the same hand written letter to the S.h.o abd dcp where her parens reside. This is your legal right, if the girl has cmpltd 18 year and boy has completed his 21 than no one can stop you to marry , make sure letter should be written by the girl only where she need to mention ( with her own will) Regards Jaspal S Maini(Adv) 9999987283

V.RAGHUNADH   25 October 2017

First of all, please relax as you both are majors, got married and registered yourself for that, and now no body can separate you. Give a formal complaint in local police station and get an acknowledgement and preserve it. Be friendly with the neighbours around your residence, so that a primary security is formed.

If you are still worried, shift your residence to a gated community. Very often call for parties or get togethers where you can invite your colleagues, friends and relatives. Further if you plan to have a kid as soon as possible it can normally subside all the family disputes. ALL THE BEST.

Jaspal singh (practicing lawyer)     25 October 2017

Dear Concern, As stated above once the letter of Informantion/Complaint from Girl side has been recived by the concern area /SHO/S.P/COMMISIONER no such complaint from the parents of girl would be entertained by any authority.

No such offence has been done by you,dont ,enjoy your married life and stay blssed, Rest if you still have any apprehension than you can go with protection petition before the High Court on the very first hearing court will instruct the police of your area to protect you from any kind of harm/Threat from the parents of mother.

Regards

Jaspal S Maini
 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 October 2017

Dear Adv Raj Malhotra

Sorry to say, but I don't think so that you replied the query with the knowldge or law and comment on the other's open.

Love marriage is very well valid in India, in the query there is no where mentioned by the querist that they married secretely.

Even the High Court or Even Supreme Court have to decide our petition because the Judiciary is the protector of our Fundamental rights, so you should edit your post and advice properly to querist.

This is public forum and nobody can restrain to others hence it will be better for all of us that we replied the query and not comments personally.

read the Judgment Below:-

 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.W.P. No.8 of 2014. Judgment reserved on : 17.04.2014. Date of decision:_23.04.2014.

Priyanka and another …..Petitioners.

Versus

State of Himachal Pradesh & others ….. Respondents.

Coram The Hon’ble Mr. Justice Rajiv Sharma, Judge. The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

Whether approved for reporting?1Yes

For the Petitioners : Mr.Rajinder Singh Dogra, Advocate.

For the Respondents : Mr.V.S.Chauhan and Mr.Romesh Verma, Additional Advocate Generals,

for respondents No.1 to 5.

Tarlok Singh Chauhan, Judge. The petitioners claim to be ‘run away couple’ and seek protection of life and liberty on the ground that they have performed marriage voluntarily being adults on 07.04.2014. Being an inter-caste marriage they have an apprehension of their being harassed by the respondents, more particularly, respondent No.6, who is father of the petitioner No.1. They have prayed for the following reliefs:-

“a) That the respondents may be directed to provide the security/Police protection to the petitioners so that the respondent would not kill them and may not damage their property.

b) That the action may be taken against the police as the police is not taking any action despite of so many application submitted by the petitioners.”

2. We called the parties and talked to them for sometime. After talking to them, we are of the firm opinion that the present petition has been filed with an ulterior motive to get a certificate in the form of the protection order from the Court that the petitioners are, infact, married to each other which course of action is not permissible in law. It is the duty of the Court to guard itself against the mischief of a litigant(s) misusing the process of Court.

3. We are not oblivious to the fact that the cases of such nature relating to ‘run away couples’ are repeatedly coming before this Court and, therefore, it is not only high time but imperative that certain guidelines and directions are issued to deal with such cases. Accordingly, we proceed to issue following guidelines and directions:-

(i) Whenever any representation is received by the S.P. of concerned District regarding the marriage of a young couple under a threat or an apprehension of infringement of the right of life and liberty at the instance of the family members of one of the spouses or even at the instance of the police, the S.P. concerned will consider the representation and will himself/herself look into the matter and issue necessary directions to maintain a record of the said intimation under Chapter 21 of the Punjab Police Rules;

(ii) On receipt of abovesaid intimation of marriage by any police officer, necessary directions will be issued to the concerned Police Station to take necessary steps in accordance with law to enquire into the matter by contacting the parents of both boy and the girl. The matter regarding age, voluntary consent of the girl and grievance of her family will be determined.

(iii) In the eventuality of any complaint of kidnapping or abduction having been received from any of the family members of the girl, the boy (husband) will not be arrested unless and until the prejudicial statement is given by the girl(wife). Arrest should generally be deferred or avoided on the immediate receipt of a complaint by the parents or family members of the girl taking into consideration the law laid down by the Hon’ble Supreme Court in Joginder Kumar Versus State of U.P. and others (1994) 4 SCC 260;

(iv) If the girl is major (above 18 years), she cannot forcibly be taken away by police to be handed over to her parents against her consent. Criminal force against the boy cannot be used;

(v) In case of threat to the young couple of criminal force and assault at the hands of the private persons, the same will be dealt with in accordance with law;

(vi) In case of any threat to the breach of peace at the hands of the family members of either of the couple it will always be open to the State authorities to take up the security proceedings in accordance with law;

(vii) It will not be open to the “run away couple” to take law in their hands pursuant to the indulgence shown by the police on the basis of their representation sent to the SP of the concerned District;

(viii) If despite the intimation having been sent to the SP there is an apprehension or threat of violation of right of personal life and liberty or free movement, the remedy of approaching the High Court should be the last resort;

(ix) In case there is an authority constituted for issuance of marriage certificate as per the law laid down by the Supreme Court in Seema (Smt) Versus Ashwani Kumar (2006) 2 SCC 578, (2008) 1 SCC 180, (2008) 7 SCC 509 case in the concerned districts, the couple of so called ‘run away marriage’ should get the marriage registered in compliance with the directions of the Supreme Court and a copy of the same should also be forwarded to the police alongwith the representations or any time subsequent thereto;

(x) In case, it is found that the girl, who has been enticed away, is a minor and is either not willing to go with her parents or her parents have refused to accept and take her home, then she will be taken to the ‘Nari Niketan’ or other Shelter Homes where her protection and safety shall be of paramount consideration and ensured at all costs. In no case would the minor girl be permitted to accompany her alleged husband since the marriage is void, ab-initio being in contravention of Section 12 of the Hindu Marriage Act;

(xi) Nothing said here in above will prevent the immediate arrest of a person who fraudulently entices a girl with false promises and exploits her s*xually as per the statement of the girl.

4. We have already held the petition to be not bonafide and, therefore, the same is dismissed.

5. We have no doubt in our mind that the representation (Annexure P-3) preferred by the petitioners before the S.H.O., Police Station, Dehra, District Kangra, will now be decided in accordance with the guidelines and directions issued above. It is, however, clarified that the present order shall not be treated as a stamp of this Court on the marriage of the parties.

6. The petition stands disposed of, so also the pending applications, if any. ( Rajiv Sharma), Judge. April 23, 2014. (Tarlok Singh Chauhan), 

 

Feel Free to Call

Nadeem Qureshi Adv

9899686394, 9953809956

2 Like

(Guest)

To all my detractors I have only one thing to say.   

Of course there are rights, there are options.  Marriage is about being happy.  If you go against parents wishes, nobody will be happy.  If this logic nobody understands, I cant do anything buy laugh at you people.

It is always better to be safe than sorry. Is it not?

 

Adv Radhika Mehta (Advocate)     27 October 2017

There is no sure-shot formula to guarantee the both of your safety but you should definately take the steps elaborated hereinabove to protect yourself from a barrage of false cases in the future.  As rightly pointed out hereinabove, max to max your in-laws' may file a false Habeas Corpus against you that you have detained their daughter against her wishes but in such a scenario, if your wife supports you or you have written evidence to the contrary, no one can harm you. 

@Adv Raj Malhotra, while i respect that it is your personal opinion, let me remind you that this is a LEGAL PUBLIC FORUM.  You can very well preach your discourses in your own blog but lets keep the discussion here legal alright?

thomes   01 September 2018

You should be grateful that your parents raised you well. Even though it was their duty, this does not give them the right to direct your life once you become an adult. You have a choice here: forget your boyfriend and do as your parents say OR marry your boyfriend and then see whether they accept you or not. It is not reasonable to expect them to change their decades of programming. Before you marry your boyfriend they can try to pressure you in different ways to act according to their wishes. Once you have married him, they only have 2 choices: either to accept you or forget you.

Also note that threatening with suicide is a punishable offence. So go give this information to the police. It will make your case stronger but it will make living with your parents even more difficult. But still do it as it is the right thing to do and you should not get emotionally blackmailed.


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