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Dinesh (Network Engineer)     13 July 2011

Marriage on or before 18 yrs of a girl

I am in love with a girl who will complete her 18yrs in next month.We would like to marry with each other once she completes her 18yrs.But her parents are against our marrriage due to intercast & are forcefully arranging her marriage with someone else on or before she completes her 18yrs.What action can be taken against her parents as she is forced to marry in two cases1) before her 18yrs 2) After her 18yrs.

Will this marriage be valid in both the above cases?Can we marry with each other even after her forceful marriage?Also,can she complain about this anywhere in maharashtra or she will have to register a complaint in local police station only where forceful marriage happened?What if,the police not entertained to her complaint?She is severly beaten by her mother & elder brother & is detained in a village area from where she can not run away to me in mumbai.

Pls help on this as  we cant live without each other.



Learning

 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 July 2011

If she is being married forcefully prior to her attaining age of marriage viz. below 18 years then any police or administrative officer can stop such event even at last end but if she attains 18 years and if her marriage takes place thereafter then it is a legal and valid marriage and you cannot marry legally with her prior to her getting divorce from her earlier husband.

 

She may complain to any police or administrative officer against her illegal confinment under section 97 Criminal Procedure Code.

Doveson (advocate)     14 July 2011

File a habeas corpus in the high court. U can also go to local police station and get their assistance in the matter.

Doveson (advocate)     14 July 2011

U can also stop the marriage whenever it takes place. But she should support u.

Dinesh (Network Engineer)     14 July 2011

Thanks to u all for ur valuable feedback.

How the forceful marriage can be legal & can she live with me until she gets divorce?

Also her parents have strong hold in local police station & they are not going to entertain me or she in any way.

Even her mother did second marriage ( which is not legal) & living with her second husband.

Can we stop her forceful marriage after her 18 by taking the help of lawyer without filing a case in high court.

Sudhir Kumar, Advocate (Advocate)     23 January 2014

Your venture is impracticable and devastating.  Anyway legal position can be explained to you.  iIt is your life and you have right to spoil it rather forgetting the episode.

 

she is forced to marry in two cases1) before her 18yrs 2) After her 18yrs.

 

 

Ans :  It appears from your descripttion that  two marriages are planned.  If she is married again to same person after crossing 18 then the marriage is valid but with respect of earlier marriage the crime of child marriage on all concerned and crime of rape will still be valid against her husband. But she may not cooperate with on for  pressing the allegation

 

 

Will this marriage be valid in both the above cases?

 

Ans : Stated above. she may not cooperate with on for  pressing the allegation

 

 

Can we marry with each other even after her forceful marriage?

 

 

Ans : your query is not clear.  If she is married after crossing age of 18 then you cannot marry it will lend you in trouble.

 

Also,can she complain about this anywhere in maharashtra or she will have to register a complaint in local police station only where forceful marriage happened?

 

 

Ans :  she just have to dial 100.

 

 

What if,the police not entertained to her complaint?

 

 

Ans :  direct complaint can be filed before magistrate by her.

 

She is severly beaten by her mother & elder brother & is detained in a village area

 

Ans : It is multiple offence.

 

 

from where she can not run away to me in mumbai.

 

Ans : Lucky.  Y9ouar esaved from the non-bailable allegation of abducting minor girl.

Sudhir Kumar, Advocate (Advocate)     23 January 2014

If both of you are married separately then after few years you will even forget her name.

Sudhir Kumar, Advocate (Advocate)     23 January 2014

If she can be compelled to marry against her will then she can even be compelled to give statement in court which can send you in Jail.


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