Interfaith under age marriage validity!

1.Without converting into hinduism UR marriage in a Hindu temple is not valid.

2.As U were a minor at the time of marriage,the marriage itself is not valid and the boy could have been prosecuted.

3.When the marriage itself invalid,where is the question of nullifying it.

than you so much!

but our lawyer said that there is chance! 

may be he tried to create fear in me.

What is UR present stance on UR boyfriend(husband),Ultimately U want to keep away from him.

It is not clear what exactly you want to do? Do you fear that because you married a Hindu boy earlier (valid or otherwise) there will be problem if you marry again another person. If your father is now arranging your marriage let him handle the problem consulting an advocate if necessary. On the other hand if you still want to be with the Hindu and he also wants you as his wife you enter into a valid marriage with the boy. There are two ways you can marry again that Hindu boy. Both of you remain in your respective religion, go the office of a marriage registrar and marry under the Special Marriages Act. The registrar will advise you what to do. Alternatively both of you go to an Arya Samaj temple or Office, both of you convert yourself to Arya Samaj and get married under Arya Samaj Marriage Validation Act.

Mr.Durgaprasad are U a trespasser into this query

If you do not any more want to marry your former boy friend the law is very much on your side. Your father can do everything for you. Only he has to hire a good lawyer. You can plead to the court to declare your marriage to Hindu boy null and void as you were minor then and also you had not changed your religion. You can also pray to the court to order him not to interefere with your life in any manner. If he still stalks you or telephones you there are laws to deal with the situation. He can be punished.

i dont think so.....

som one said, there is no question of validity of the marriage.

how can wil law help her? as a husband he has the rihgt to speak with her, marriage done may b two r three years before. since then the relation has been continuing between them.

inbetween the time they hav fild a case of false representation.

chaild marriage restrain act is time bounded.

how can she plead the to nullify it.

how the court wil do that?

wil the court move beyond the limits of law?

if she said that, she did not converted in hindu, there is a technical issue. in which marriage act of law i mean hindu muslim or special, she will get the divorce? as a muslim she can not apply for divorce in hindu marriage act. as muslim she is not eligible to get divorce becaz marriage is done under the hindu rights. from CMRA-2006, her time is over to go for nullity.

u know one thing intially she intentionally cheated him. 

the first legal step taken by the boy only, then they filed false case. from which he was acquitted.

now the ball is in boys court.

chaild marriage is an offence only, but not void. the boy sacrificed himself for her. wat did she do?

and now she can not book him under CMRA-2006. becaz time is over.

There are many cases where child marriages have been repudiated. Under the law a child marriage is ab initio void. There is no question of a void marriage  automatically becoming valid with passage of time. There are at least two cases reported under 'Crime Patrol' on Sony TV. In one case a couple who were married as children go elsewhere after becoming adults and live as husband and wife. The man gets employed and he invites his unmarried employer home for dinner. Sometime later the wife elopes with the employer. The aggrieved husband files adultery case against his employer. But the court decides against him saying that his original child marriage was not valid and what the employer did was legally not adultery. In due course the employer and the woman got married in registrar's office without the woman divorcing her childhood husband.

In the second case of child marriage the girl had not attained puberty at the time of marriage. After the marriage the boy goes to the city for higher studies. After becoming an adult he returns to the village. The girl had also reached puberty. But the boy repudiates the marriage and refuses consummation of the same. The village panchayat decides against the boy's family and ostracises them. The local police inspector does not help as he belonged to the same caste as the villagers. The boy's family goes to the city and gets a court order restraining the village panchayat.

In India a marriage, whether child marriage or otherwise with continue until death or until the marriage is challenged. When I entered Government Service I gave the name of my wife and it was recorded. I was not asked about the details of our marriage or a marriage certificate. On the other hand I was asked to give age proof. Now I am retired after several years of service. My wife continues to be the same person and as per records she will be eligible for family person. One of my colleagues also followed similar procedure. His wife's name was also recorded as stated by him. But after about three years another lady came and claimed that she was the legally wedded wife of the Government Servant. Government asked both the women to produce evidence. The woman who came later could produce evidence such as a certificate from a local magistrate, marriage invitation cards, marriage photographs etc. The other woman could produce nothing. My colleague lost his job.

In the above case first I asked the girl what she wanted. If she still wanted to be with the Hindu boy they could enter into a valid marriage and her father could do nothing legally. But she does not want to go with the Hindu boy. The boy could do nothing. I am myself a Hindu. But what I stated was objective and the position under law. The girl says that she had no s*xual relationship with boy. In case she had even consensual s*xual relationship the boy could be charged with rape as the girl was then a minor.

Most probably Mr. Durgaprasad feels sympathy for the Hindu boy because he himself is a Hindu.

The original querist has deleted his/her account and hence the querey stands closed as per LCI rules.

Dear Sir,

i am happy to get replyed from u! i dont mean to argue jst sharing my view only!

u think one ting! certainly the boy becom vitim of processes of law against him, all this is game played by that women/ hir father.

1. they got married (i.e love marriage) at undr age. its an offence i am sure (male wil be prosected certainly) but in section of law is CMRA2006 only. she said that she had filed a case in section 354,509. they hav hiden the reality.

2. the boy sent the lawyer notice under RESTITUTION OF CONJUGAL RIGHTS. they hav taken that then filed the case against him. (that means inbetween both contracting parties there may be a clash has been certainly taken place).

3. the boy given them a chance to go to court to challenge the valildity of the marriage.(it seems ,the father of the girl filed a false case )

4. case was disposed by the court, it mean that he has taken some evidence in the court in cross exam. where she may be acceptd the marriage in front of magistrate.or (she may deny if she denied that the boy certainly wud hav been convicted. not happnd like so.

5. in so many cases Delhi Hight Court(other state courts too) validated under age love marriages. if the chaild marriage is not valid how the judges wil give such verdict?

6. in my opinion certainly the boy has som evidence with him, othrwise he never dare to do so.(photo graph or orally recorded materials).

7.now he has the option to show that previous false case, whatever she said in the court.

8. the boy already filed private complaint on that false case.wher he included her father and molther also.

9. he defends himself, as he was cheated by the girl, in the name of love and marriage if the love is true the marriage held itself valid, not true she wil be convicted.(aquitted case is there no for evidences)

10. already i told technical issue, she wont get dovorce too.

11. the boy may say that she pretend to be major, no body can guess exact age by looking only.

12. the girl and his family themself invited the trouble by filing the false case. thats true, the police wil also be liable to be prosecuted.

nd one more thing the boy can not be punished now, becaz the case should be file under CMRA2006 should be with in two years of time framed.

Laws being what they are I am looking at the case by itself on its merits as well as from the point of view of my opinion and my prejudices.

In my opinion there should be no marriage between a boy and a girl. A marriage should be between a man and woman mature enough to decide on the seriousness of a marriage. Only those who know of the responsibity that comes with marriage should enter into marriage. They should have the financial capacity to raise children and raise family. Laws do not provide for this. Hence when inappropriate marriages take place they should be nullified or prevented if necessary by beating the law.

In this case the girl was a minor. What was the age of the boy, his financial capacity and details of his family including whether they approved of the marriage have not been given. The boy a Hindu and the girl a Muslim goes to a temple, exchange garlands, probably the boy tied a mangalasutra around the neck of the girl and started calling themselves husband and wife. In Hindu religion there is no provision for such a marriage. The girl should have been a born Hindu  or should at leasr have ungone a ceremony of conversion to Hinduism. For instance in our neighbourhood one Hindu Brahmin girl married a Christian boy. The marriage was, with the approval of parents on both sides, following typical brahmin marriage rituals with brahmin priests etc. I told the father of the girl that the marriage was not valid. I advised him to go to the office of marriage registrar and register under the Special Marriages Act or under any other Act as advised by the Registrar. The father heeded my advice

In the reported case here the validity of the marriage was still less. The girl's father will certainly and justifiably have feelings for his daughter. Fortunately for the father the girl was a minor. He took away the girl to his home town and the girl also reconciled to her father's wishes. As the girl has retracted from the so called marriage, the marriage is null and void for all practical purposes. Restoration of conjugal rights is unenforceable even in the case of couples who were legally husband and wife for  many years. When the girl says she had no s*xual relations with the boy. I for a moment even ignore that fact. If the girl does not want to go to him he can do nothing and he should not do anything. If he suspects that the girl, now a major, is being unjustifiably restrained by her father let him file a writ of habeas corpus in a court of law to get the girl into the witness box and say what she wanted. If the girl says that she does not want to go with the boy, whether on her free will or under invisible pressure from her father, neither the boy, the court nor the police can do anything.

Dear Sir,

i 100% agree with you!

but i am asking you, c the things other side also, u r seeing things still in religious marriage acts only!

to prevent chaild from that chaild marriage offfences,under the disguise of religious laws, we have one law, that also do nothing, the relation of "marriage" where it is clear if the girl is below 15 years it stands null. if she is more than 16 years it is voidable.she has to file pitition in district court to nullify it.but before she reaches 21.

in this special case she told that she is 21.till now she didnt do that.

now coming to the point, CMRA is specialised seculor law, it has no gender/caste/religion effects on it.

it says clearly relation should be nullified law can not do anything in this regard. otherwise relation stands itself valid.

sir i request you please stop abusing men.

what mistake that boy did? he loved her, married her,

there are two things

1. if he married the loved one if she is under the age he will be prosecuted.

2. if he denies to marry her he is also liable for punsh ment. if he does not marry her she may commit to suicide who will responsible? with out the pressure of a girl, boy can do her com out form hom?

what he should do? is it a crime loving some minor girl as per IPC?

I do not see any meeting point between us. "sir i request you please stop abusing men."  I am not anti-men or pro-women. I go on the basis of merits as I find it. I have got brickbats from women also in the past. We know nothing about the boy or his family. My opinion is love marriages between underage couples should be discouraged if possible through legal means or if necessary through extra-legal means.