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Pawan (Officer)     30 August 2014

Forced marriage without consent of a girl

Dear All,

Request you to please help us and guide.

Yesterday, my cousin(girl) did arya samaj marriage by forced and after that registered marriage in delhi court in a same day. But according to her the marriage was forced as she don't want to marry him and he was blackmailing her continuously that if she will not marry then he will show our photographs (just simple photographs) to everyone in my family. She used to like each other but in past and after some time she got to know that he just need her money thats it and nothing else.

Now, She is crying a lot and saying that this was a forced marriage and boy was blackmailing her.

Can she and her parents have any way to cancel the arya samaj mandir marriage and registered court marriage after 2nd day of the marriage. The girl and her parents both want to cancel the marriage.


Boy have all the below documents of marriage.

1. Arya Samaj Marriage photos, Certificate.

2. Court registered marriage

3. Before marriage Her own handwriting letter to perform marriage.

 

Please help and suggest how to cancel it asap.



Learning

 5 Replies

SURESH KALAGA (secretary)     30 August 2014

Who has singed as witness on girl's side?  But if she is not interested the marriage, she can give a police complaint in local police station. as kidnap and threatened her if not marry him, he will kill her. No problem she has all the right to leave him if she is not interested in him and marriage with him. 

Manpreet (Manager)     30 August 2014

@Pawan,

Now the marriage is done with proof irrecspective of the fact that its one hour old or one day.

You have two options

a. Let both the families sit together and discuss about the problem that the marriage can not be continued and talk about Mutual consnt to divorce (MCD). She will have to wait for atleast 1 year to file MCD and wait another 6 months for divorce. (Total time required 1.5 years)

b. If boy side is not ready for option 1, then file false case as advised by Learned Suresh Kalaga like 498a,406,376. In this scenario there will be two cases

     i. The boy may come for settlement and divorce. It will be beneficial for you. But these days a large no of boys are fighting the case to prove innocense.

     ii. The boyside decides to fight and files counter cases of extortion which is becoming popular these day(as marriage is only two days 2 old,he may say that the marriage was perform just to extort money from him).It will take next 7-10 years to finalise the case. Then also he may divorce ur sister.

@ Suresh Kalaga ji,

     It not essential that  filling false cases is answer to matrimonial disputes. Just coming to the fact of querist

          Girl was getting blackmailed by just simple photographs. Do you think that this type of inncoent girl can think of divorce on next day of marriage without giving proper time to this marriage.

       Comments from experts are expected

Pawan (Officer)     30 August 2014

@Manpreet Sir both the families are not intrested in the marriage and don't even want to talk to them and my sister also don't wanna marry that boy. She is ready to give divorce to him. Pls suggest. According to her, she had forced to do aarya samaj marriage by the boy and his friends. We have already fixed her marriage in december and she is really happy but becouse of the boy, he is trying to blackmailing her and threatening to her. pls suggest sir

(Guest)

I dont think that forced marriage can be done in Arya Samaj Mandir.... As far as i know about Arya Samaj Mandir no one can perform marriage forfully in Arya Samaj Mandir..

K.P.Satish Kumar (Advocate)     22 October 2014

The girl has given consent before the registering authourity. You say it is a love marriage. So in seperating them you should act carefully. If the consent is obtained by force you can file null & void of themarriage before the proper court.

Daniel & Daniel

9176164218


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