NARENDRA KUMAR (SR. MANAGER) 05 April 2012

Can we stop forced marriage?

I (Narendra Kumar) am going through a ruogh stage. Can anybody advice me..... Can we stop forced marriage in Delhi or India?

I am patel by caste and my girlfriend is pandit. My girlfriend is forced emotionally by her father to marry some other person of his cast in this month. 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 coz I am patel. He will be unanswerable to the his society that how he did married his girl to a patel as he is a pandit.

Now he blacmailed her emotionally and also got sick himself to make her agree. He has fixed her marriage on 18th Aprial without her consent. Now my GF 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 r feeling like he wants to spoil our life for the sake of social honour and castism.

Please advice how we can stop this marriage and what could be proper action?

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7 Replies

Adv. Sagar R. Jadhav (Proprietor) 05 April 2012

Sir,

You must apply to court under THE FORCED MARRIAGE (CIVIL PROTECTION) ACT, 2007 against them. Not need to make anyone as a Respondent, because court will make Forced Marriage Protection Order against them.

Applications for the Forced Marriage Protection Orders will be made on a newly designed Form FL401A

Written request for leave to make an application will be made on a Form A

Where an application is made without notice to the other side, such an application must be accompanied by a sworn statement stating why notice is not being given

Where notice is being given to the Respondent, then the applicant must serve a copy of the application; notice of any hearing or directions appointment set by the court in Form FL402 on the Respondent; any other person who is the subject of the application; and any other person upon whom service has been directed by the court personally and not less than two days before the hearing, unless the court itself has abridged service.

adv. rajeev ( rajoo ) (practicing advocate) 05 April 2012

Your girl friend has to take decision. You can file an injunction suit against her parents and against her as not marry another person.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 05 April 2012

File a writ of habeas corpus before the state high court - wherein the high court if satisfied as to your case would order the production of the girl in question, on whose statement further result would depend. Do this only when you are cent per cent sure that girl would support you, otherwise it may back-fire as an attempt by a jilted lover to thwart marital prospect. As an alternative you can also file an application u/s 97 CrPC to district magistrate.

Feel free to talk !

NARENDRA KUMAR (SR. MANAGER) 05 April 2012

Dear Sagar,

Can I talk u on this topic.

Narendra

9911986409

Sanjeev (Lawyer) 05 April 2012

mr sagar just to correct you the forced marriage act that you quoted is a United kingdom act and is not applicable in India

Adv. Chandrasekhar (Advocate) 05 April 2012

As adv. rajeev said, only the girl can take decision to stop this marriage. At this moment you have no locus standi to file habeas corpus petition or injunction suit.

Kishtaiah (Advocate) 05 April 2012

Girl is under emotional black mail. That too it is natural in pandit society and what all her father did is not a strange thing. Let some one close to her talk and give her the courage and make her buy some more time to gain self strength and move strategically to save the forced marriage. It is less a legal issue and more a social blame which will wane away when some social working group could be involved into it who also can go to police if things do not turn around amicably. Any way, is it true that the girl likes you Narendra Kumar so deeply as you think her to be doing. Can both of you face the society and especially you can see that she never feels bad of you ?? Take care you dont be another amotional blackmailer to her. Have widom to separate love and facination. OK

Can we stop forced marriage?

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