Parents forced to marriage
Querist :
Anonymous
(Querist) 28 December 2017
This query is : Resolved
Dear Sir/Madam,
I (Mohammad Ali) am going through a rough stage. Can we stop forced marriage in
Gandhidham, Gujarat, India? I am Muslim (Dawoodi Bohra) by caste and my girlfriend is Hindu
(Sindhi). My girlfriend is forced emotionally by her father to marry some other person of his
cast in 8th Jan 2018. He is emotionally torturing her that if she married to me he will insulted
in front of his society. His genetic system will be disturbed because I am muslim. He will be
unanswerable to the his society that how he did married his girl to a muslim as he is a hindu.
Now he blackmailed her emotionally and also got sick himself to make her agree. He has fixed
her marriage on 08th january 2018 without her consent. Now my Love is in deep trouble, she
does not want to do this marriage but now she is bent to do so. She has became emotionally
disturb also We are feeling like he wants to spoil our life for the sake of social honour and and casteism.
Please advice how we can stop this marriage and what could be proper action?
Sudhir Kumar, Advocate
(Expert) 29 December 2017
The marriage can be stopped only if she give a complaint to the police.
or else
forget each other.
Any move on your part will be counter productive. Unless she is the complainant against her parents her parents and she will be complainant against you and she will simply give statement to police against you.
Querist :
Anonymous
(Querist) 29 December 2017
they are locked in her bedroom so how it is possible for that.
Vijay Raj Mahajan
(Expert) 29 December 2017
Intercaste or Inter religious marriage can be solemnised under the Special Marriage Act,1954. You both if want to marry, give notice for marriage under this Act to the Marriage Officer/Registrar of Marriages of your district who is the Deputy Commissioner or its subordinate of your district, after 30 days of the notice period you both can marry in presence of total 3 independent witnesses known to you. The marriage is registered and valid marriage certificate issued to the parties.
The objection of anyone with regard to different religion, or caste has no bearing in the marriage, no one can stop such marriage not even your parents if you both are of marriageable age and fit mental status for giving consent for marriage apart from being unmarried at the time of marriage.
Querist :
Anonymous
(Querist) 29 December 2017
sir i know the laws of special marriage but right now problem is she cant go anywhere because of her parents locked her in a bedroom and her marriage date is fixed on 08-01-2018 so what can i do on this stage.
Sankaranarayanan
(Expert) 29 December 2017
WHAT TO DO IF YOU ARE BEING FORCED TO MARRY
It is your choice whether you decide to take legal action or not. If you want to take legal action, look below. If you want to leave your parents’ house but not file a case against them, then look at our Escape section for advice.
Legal options: If you are being forced into marriage you can do the following:
[For Girls] Contact the Women Cell of the Local Police of the city you are in lodging a written complaint against your own parents for forcing you into marriage for which you did not give your free consent without undue influence or force. [Source]
[For Girls] You can even file for domestic violence under the PWDV Act against your parents, brothers, other relatives wherein the Magistrate can pass ad interim order restraining the respondents from forced marriage, even give directions to the SHO of local Police station for providing complete protection to the woman in distress (you) and prevent your forced marriage. [Source]
[For Girls] You can contact the National Commission for Women and lodge a complaint with them. They have information on their website regarding how complaints are dealt with in detail. They operate nation-wide.
You can lodge a complaint at the National Commission for Women > Online complaints > Register Complaint > Online Complaint Registration.
[For Girls and Boys] Contact Love Commandos. They are a group that protects and helps young Indian couples to get married and to escapes from forced marriage. If it is an emergency you can contact them directly.Love Commandos e-mail: helpline@lovecommandos.org
Love Commandos Phone Helplines: 09313784375, 09313550006
Querist :
Anonymous
(Querist) 29 December 2017
thank you so much sir
Querist :
Anonymous
(Querist) 29 December 2017
thank you so much sir
Guest
(Expert) 29 December 2017
Are you emotionally attached to her or really love by heart?
P. Venu
(Expert) 29 December 2017
If she is not a minor and kept in illegal custody, you can approach the High Court through a WP. However, such a step would have wild and wide ramifications. Think carefully before adopting the legal route.
Sudhir Kumar, Advocate
(Expert) 29 December 2017
If you approach police or court then initially you will prove locus standie. Then she will come to the police station and give a statement against you.
Then the job of police starts on you.
