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Vipin K (AM)     17 September 2012

Is marriage possible after roka with someone else????

Dear all,  I want to marry a girl whom I loved. I belongs to delhi and she is in Jaipur. We belongs to different castes. She wanted to leave her house and stay with me. Recently, her family had forced her to do "Roka" with another guy. The guy is so much involved in her house that he often beats her and abuse her and he had such influence in her house that her family is not willing to listen to her that she dont want to marry that guy.

May I know what are the options do I have. Should I tell her to leave her house and come to me and if we can apply for hindu marriage act in Delhi after getting married in arya samaj mandir?? Or should we directly apply for marriange under Hindu marraige act??

I want to know if the guy or her family can accuse me for kidnapping her  I she come to me and we are applying for marriage and before getting marriage certificate and I may go behind bars?? What steps should I take to avoid this situation. Can they complaint against me on the basis of my phone conversation with her???

Or should we apply for marriage without telling anyone and later she can move from her house after she recieve marriage certificate. Is still there is a chance for me going behind bars???

As nobody will support me not even my family so I want to know the options I have under the law and i should not get behind bars situation.

Kindly help me under this...

 

Regards,

Vipin K



Learning

 12 Replies

Vipin K (AM)     17 September 2012

Kindly let me know If the guy or her family can still take some legal steps against me on the basis of his "Roka" with her????

Sudhir Kumar, Advocate (Advocate)     17 September 2012

Roka is not marriage

1 Like

rahul (director)     17 September 2012

roka is nothing in egal term.. she is an single and adult age girl,. she can marry with whomever she want.. if girl give statement in your favour that you didnt kisnap her, she come to you with her own wish.. then you hv not problem.

and i think arya samaj marraige wale certificate same day de dete hai..

1 Like

Sudhir Kumar, Advocate (Advocate)     17 September 2012

Oh god forgive him as he knows not what he is doing.

 

As per your own version the person is not yet her husband and still beats her in her own house and she bears the beating. Very strange.

 

How on earth you should expect that girl not to be pressurised by him (with support of her family )and depose that you kidnapped her and forced marriage on her.

1 Like

dr.pawan rajyan (member and secretory)     17 September 2012

you should ask her to leave a sms on your mobile ( while going out to you) that she wants to live and marriage with you. as her parents are harrasing  & beating her and she is leaving home herself without any pressure to marry with you.if she is adult,it is enough to save you from legal hurdles.arya-samaj marriage is valid in delhi but not in rajastan(recent judgement).regards

dr.pawan rajyan (member and secretory)     17 September 2012

ROKA has no meaning in the eyes of law.forget it.goodluck

Gunjan Tiwari (member)     18 September 2012

First thing that ROKA or SAGAI is not a marriage. In the eye of law marriage have some merit. Court treated her/he as unmarried after such type of regional customes.

2ndly If loves each other and attaining age of marriage you can marry in mandir and photograph of all custom is neccessary like VARMALA, HAVAN, SINDUR DAN, SAPTPADI. araya amaj mandir will issue an marriage certificate.

3rd write an request letter to her father and mother that you and that girl like, loves each other and get married in mandir seeking for there blessing. it will be better that girl will write this letter his parents and you will to your parrents also and both will sign over the each othaer letters and keep a xerox copy and reg receipt.

You may apply for marriage registraion. My advice that try to maintain peace and harmony and solve the matter peacefully.

Sudhir Kumar, Advocate (Advocate)     18 September 2012

I do not know what does Mr Gunjan Tiwari mean by saying " it will be better that girl will write this letter his parents and you will to your parrents also and both will sign over the each othaer letters and keep a xerox copy and reg receipt."

Vipin K (AM)     18 September 2012

@Mr. Sudhir Kumar: The girl has no brother and she has 3 elser sisters out of 2 are married and 1 got her Roka done the same day she got....Her family believes in that guy so much as he has helped her family a lot in ups and dows of her family...this causes her family to think that he is perfect for her..Her father has some heart problem and he already got two major attacks in past and he was the only one who was with there for her family....due to this her fmily blindly believes in guy but he doesnt treat that girl nicely....he threatens her after "I marry u, u gotta repay what you have done..."he often tries to get intimated with her which she deny and escape always... And girl's family doesnt even listen to the girl as they think she is immature to say all this.....she must have done something wrong that why he treats her like this...I mean to say he already treats her as his wife and her family treats him as thier sone in law much before theier marriage roka........

Vipin K (AM)     18 September 2012

@Dr. Pawan and all: First I want to know the procedure of arya samaj mandir marriage..Do they require any witness too if yes then how much.....If they ask for any residential proof ID proof or is it necessary that girls should be in delhi?? As this arya samaj marriage is not valid in Rajasthan even if we get the arya samaj certificate in same day how does it help against her family/guy residing in rajasthan as it will not be in valid there.....

Also I want to know the procedure of court marriage under hindu marriage act 1955. I have read somewhere that they require arya samaj certificate...do they require witness too then how many??? WHat document would be needed in our case (Different states)?? any affidavit required?? if present addresse would be same if we live together before marriage?? do they require her delhi residential proof which she doesn't have??

Vipin K (AM)     18 September 2012

One more thing I want to know if somehow we couldn't get married before her parents forces her to marry that guy?? Can she file a complaint against her family or that guy under IPC Chapter XVI Section 366.....Should she go to police directly or consult a lawyer???

dr.pawan rajyan (member and secretory)     18 September 2012

you can hire a local lawyer of delhi(young one take less fee) for all formalities.no requirement of delhi domicile.indentity proofs(rasan card,matdaan card/driving lins .),age proofs(10th marksheet) photos etc are req. along with 2 witnesses with their identity.snaps of marrige are given along with certificate.deposit it in court and register your marriage.you can pray to court for security if needed.,govt. have shelture houses with police securities for couple like you.


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