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Mohit (Executive)     09 June 2011

Need Help

I am planning to marry the girl I love. But our parents are against the marriage. Therefore I am planning for a court marriage,my problem is if i marry the girl today itself then what are the actions can be taken by the parents of girl. And also if they raise objection against the notice of court, then what are the options available to us. And also what actions should be taken by me in case parents emotionally blackmail the girl and took some action against me.
Please Suggest Us



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 3 Replies

Saurabh..V (Law Consultant)     09 June 2011

@Mohit

 

First thing first. You should first get the girl in confidence and you should have confidence in her. If she sticks with you and supports you then no one can touch you. Else if she retracts, you are doomed.

 

Parents cannot stop you from marriage neither can they interfere in your married life. If they threaten you or try to take away your wife, then you can file a petition in High Court praying for protection from your parents. They will grant police protection to you and your wife.

 

Above observation is presuming you both are adults and are competent to marry.

Girl's age should be above 18 and Boy's age should be above 21 for marriage in India.

 

//peace

/Saurabh.V

Parth Chandra (none)     10 June 2011

1) Please go through at least 50 posts of this forum under family law section before proceeding to get better idea of legal position of india male after marraige.

2) If you are still dying to marry then.....read ahead

3) Take her in confidence and prepare a contract on stamp paper after consulting a lawyer where you both need to sign while doing court marraige and content should read like below

    i) No Dowry has ever asked before marraige or till registering the marraige

    ii) List of stridhan which she might be carring along to your home after marriage and which is in HER custody

    iii) Mention in contract that her parents are against it and you both feel that they may crate legal and or physical problems once they come to know about your marraige

 

   iv) Mention in the contract that you are a very gentle and straight forward person and she knows you since so and so time and vice a versa.

   v) Also mention that she is capable and able bodied and would be able to maintain her on her own in case of any dispute/separation of any nature (if she don't aquire any serious illness/accident later in the life) and write simlar statements for you as well.

  vi) Mention that in NO case there would be any legal action against each other except any sirious physical injuries

  vii) Make note of any alimony etc. which may be given / taken in case of separation (you can opt not to give any but mention that no alimony would be asked in that case).


Consult a family lawyer and add/update/rephraise any of above terms and get it signed by two independent witnesses.

Even after doing all these you are not 100% safe from clutches of biased law but it would help you in safe guarding to so extent.


Regards,
PC

Mohit (Executive)     10 June 2011

Thanks ror the suggestions sir..Please let me know thet cay anyone raise any objection against the notice of the court displayed on noticeboard of the court..if that happens what are the remedies available to us.


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