Querist :
Anonymous
(Querist) 15 May 2011
This query is : Resolved
hello all, i am in love with a girl of Brahmin cast and my cast is kayastha. we both want to marry.we are adult and working in IT company . but the main problem is girls father is not agree to this . But my parents are agree.Her father is threatening me that he will create fake case on me with the help of his lawyer brother .i am very afraid please tell me what to do . i want to merry her .
mahendrakumar
(Expert) 15 May 2011
since both of you are major,legally nobody can harm you.
Only you can assess their influence in matters like creating fake cases etc. In our country such things can happen.
if all conciliation efforts failed,try for regd marriage at your work place where the help of both of your coleagues could be sought.
Guest
(Expert) 15 May 2011
you both are major and can marry to each other. if the father of the girl is threatening then it is your wife/ lover who can protect you from this normally a case is registered u/s 376/366 of IPC and in that case your wife can give a statement to the magistrate that she have married by her own choice and you can also file a protection application before the Sessions judge or the High court of your state which will protect you and your wife from all the cases. for further help you can call me
Kiran Kumar
(Expert) 15 May 2011
protection application before Sesssions Judge is not maintainable.
P&H high court once passed such an order that application for protection can be given to Sessions judge but later on while disposing off the petition this order was revoked.
you can marry the girl as per Hindu rites and Ceremonies (since both of you are Hindus) ....thereafter you may approach the local police (may be the area inspector or the SP or Commissioner of Police) for proper protection.
In case no such protection is provided or you are not in position to approach the police due to imminent danger then you can approach the High Court directly....before HC you can pray for protection of life and liberty of the couple and for directions to the police not to register any false or frivolous case against the couple and the family of the boy.
a few HC entertain such petition under Art 226 of the Constitution of India (as a writ petition) and a few entertain the same under S.482 of the Cr.P.C
it will be better to approach a lawyer in the concerned HC to know the proper situation.
make sure you present a proof of marriage before the court like photographs and some slip or certificate issued by the temple authority.
M/s. Y-not legal services
(Expert) 15 May 2011
Yes. Both of you are major mean, here no one can stop you from inter caste marriage.. If that girl stands strongly mean you can face any false case.
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