release from a forced marriage
Rajesh
(Querist) 26 March 2008
This query is : Resolved
a girl is married forcefully to someone. she is not allowed to go outside the in laws, as she wants to marry some one else. its been 11 months. how can she be lawfully be released from this marriage? kindly help
octavious
(Expert) 26 March 2008
HELLO,
SOME ONE ON HER BEHALF HAS TO FILE A COMPLAIN FOR THE WRONGFUL DETENTION OF IPC.
IF THE POLICE IS NOT COOPERATING THEN A WRIT PETITION IN HIGH COURT ON HER BEHALF CAN BE FILED,
ONES RELEASED FROM THE FORCEFUL DETENTION, THEN SHE CAN FILE A CASE UNDER DOMESTIC VIOLENCE ACT FOR CRUELTY, AND ALSO CLAIM DAMAGES, FROM BOTH IN LAWS AND HUSBAND SEPARATELY. AT THE SAME TIME SHE CAN KEEP THE CRIMINAL COMPLAIN, FOR CREATING A PRESSURE ON THE IN LAWS SO THAT THEY DONT CREATE PROBLEMS WHEN APPLYING FOR DIVORCE
THANK YOU
OCTAVIOUS
Guest
(Expert) 27 March 2008
If the girl has been married against her wishes it is no marriage at all. Here, it is very important to understand that NO ONE CAN BE F-O-R-C-E-D INTO A MARRIAGE TIE!
In the eye of law this is a voidable marriage. This marriage can be annuled straightaway with court's interference!
Kindly approach a qualified lawyer or some NGO's or women's organisations immediately.
Rajesh Kumar
(Expert) 27 March 2008
Marriage in not a contract, and hence the requirement of valid contracts are not strictly required for a valid marriage. In case of Hindu Marriage, marital ceremony (saptapadi) is enough for marriage.
Forced marriage can be a ground of divorce- it does not make the marriage viod. The girl should seek divorce. However, from the story it doesnot look like she will be able to prove forced marriage.
The advice of octavous clearly shows the nature of certain acts, which can be abused even when there is no allegation of such nature. Firstly, he is arguing that it is not a valid marriage- but willingness to use laws made for wife. Then he says it is a detention- how can there be domestic violence. Then application of such law when the person asking for advice is not whispering anything about domestic violence.
octavious
(Expert) 27 March 2008
HELLO,
I DON'T KNOW, WHETHER RAJESH HAS BEEN ABLE TO UNDERSTAND ADVISE THAT I PROVIDED, FORCEFUL MARRIAGE, ITSELF DENOTES MARRIAGE IN THE TERM FORCEFUL MARRIAGE ,SO FOR FORCEFUL MARRIAGE TO OCCUR, THE MARRIAGE HAS TO HAPPEN IN THE FIRST PLACE, I WOULD REQUEST RAJESH TO ONES AGAIN GO THROUGH WRIT PETITION AND WRONGFUL DETENTION OF IPC.
WRONGFUL DETENTION IS VIOLATION OF FUNDAMENTAL RIGHTS, AND CAN BE EXERCISED AGAINST ANY PERSON.
AND ABOUT DOMESTIC VIOLENCE, THE LAW ITSELF HAS BEEN VERY VAGUE IN TERMS OF CRUELTY TOWARDS FEMALES/WIFE & RESTRICTION OF MOVEMENT CAN BE CONNOTED UNDER DOMESTIC VIOLENCE, THE BEAUTIFUL THING ABOUT THIS ACT IS THAT ANY BODY WHO IS AWARE OF THIS AN ILLEGAL ACT BEEN ACTED UPON ANY WOMEN, CAN APPROACH THE AUTHORITY/JUDICIARY,TO PROTECT HER
AS A LAWYER, MY FIRST PRIORITY IS TO HELP MY CLIENT TO PROTECT MY CLIENT UNDER APPLICABLE LAWS OF LAND AND I DON'T THINK THAT IS ILLEGAL OR UNETHICAL.
THE LAWS ARE MADE, BY LEGISLATURE AND PROTECTED BY THE JUDICIARY TO GIVE PARITY AMONGST THE CITIZEN, A PERSON WHO IS KEPT UNDER HOUSE ARREST(IN THIS CASE IN LAWS HOUSE UNDER VEIL OF MARRIAGE).DOMESTIC VIOLENCE ACT IS ENACTED FOR THIS PURPOSE & YOU OR ME ARE NOT THE PERSON TO JUDGE THE LAW,BUT DUTY OF JUDICIARY TO SEE WHETHER IT IS MISUSED AND PASS ORDERS ACCORDINGLY.
IF YOU ARE AWARE OF LATEST JUDGMENTS OF SUPREME COURT, YOU NOTE THAT EVEN IF THE PARTY COMES TO A SETTLEMENT, AFTER THE TRAIL HAS BEGAN, THE ACCUSED IF FOUND GUILTY HAS TO UNDER GO PUNISHMENT
LLB IS DEGREE, COMMON SENSE & BRAINS IS SOMETHING THAT IS BY BIRTH IN PEOPLE.
THANK YOU
OCTAVIOUS
SANJAY DIXIT
(Expert) 27 March 2008
The FORCED marriage is voidable under law.
S.12. Voidable marriages. (1)Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a)-----
or
(b)-----
or
(c) that the CONSENT of the PETITIONER, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978], (2 of 1978) the consent of such guardian was obtained by FORCE [or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent];
or
(d) -----
-----
Rajesh Kumar
(Expert) 28 March 2008
Octavious should not get angry, as there is nothing personal.
Sanjay is right in respect to voidable marriage- but the marriage is required to be annuled by a decree of the court. A voidable thing is perfectly legal unless until it is declared void.
ritu bhadana
(Expert) 02 April 2009
i agree with mr. sanjay and octavious views are also correct
