• Inter-caste marriage dispute

Sir i am a hindu girl and i want to marriage a rajput boy from orrisa..we both are 26-27years old. My family is against it. There is a possibility that they might stop my education in mid way as im still studying. Also they might forcefully make me marry a brahmin boy. They might trouble my boyfriend or their parents by filing a complaint against them. How can i stop all dis. If i go ahead and marry in a court with my boyfriend what is the proceudre for that? Also can i get a legal aid or police help so that my parents and relatives will be warned through a legal notice that they cannot trouble or hurt my boyfriend or his parents in future. I belong to UP -MP area...and my father has a great influence with police there. I am afraid that they might involve my frnd and his parents in fake case.also there is a guy who wants to marry me. He himself is a lawyer and has a membership of supreme court bar council. He is not practicing though as he is preparing for civil services. This boy has been availing my personal call details through all means and blackmailing me and threatening me to defame me and my family in society and in relatives. This person calls me multiple times a day and msgs me using abusive and vulgar language. Im scared as he has influence in legal as well as amonst police people. He has easily managed to got my call details. Kindly advice me in both cases
Asked 3 years ago in Family Law from Navi Mumbai, Maharashtra
Religion: Hindu
1. First of all inform me whether you are financially independent or dependent on your fatrher,

2. After marrying your boy friend, will you be able to stay with your husband &/or inlaws?

3. If yes, then you have the right to marry anybody of your choice and no body has any right to force you to marry against your wishes,

4. You can marry as per specialo marriage act or hindu Marriage Act after giving suitable notice,

5. Before marrying, both of you should lodge a police complaint at the police station having jurisdiction on the area where your BF stays under copy to the police station where you presently live about the pressure being created by your parents to marry the said lawyer boy against your wish and also about the vulgal MSGs sent by that boy,

6. Send copies of the complaint to S.Ps of the districts of both the police stations,

7. After marrying, lodge similar complaint again at both the polioce stations & the S.P.s in the same way,

8. After that file an application u/s 156(3)  before the Court of your BFs place praying for direction upon the police to investigate and act based on your vcomplaint,

9. You can also pray for protection before the Court..
Krishna Kishore Ganguly
Advocate, Kolkata
18430 Answers
447 Consultations

5.0 on 5.0

1) you can lodge complaint with state commission of women against your parents . that you are being forced to marry a brahmin boy against your wishes . 

2)you cant be forced to marry against your wishes .

3)you can  lodge police complaint against your parents for criminal intimidation . if police refuse to lodge a FIR send a copy of complaint to supdt of police / Commissioner of police . 

4) if police refuse to act lodge complaint under section 156(3) to direct cops to investigate and submit report 

5) you can  get married under provisions of HMA / SMA .

6) The persons intending to register their marriage have to give notice thereof 
in writing in Triplicate in forms specified under second schedule under Section 5 
to the marriage officer of the District in which at least one of the parties to the 
marriage have reside for a period of not less than 30 days immediately preceding 
the date on which notice is given.

 7). After the receipt of the notice the marriage officer shall enter a true copy in 
the marriage notice Book and shall cause the notice to be published in the notice 
board of his office and also see that the notice is published in the office of the 
marriage Registrrsa in whose District the parties are permanently residing.

8). Any person before the expiration of 30 days may make an objection that the 
marriage contravenes the essential conditions noted above.

9)After the expiry of 30 days of notice the Sub-Registrar shall register the 
marriage after the Bridegroom and Bride sign a declaration in form specified in the Third Schedule in the presence of three witness and they should utter in the 
language known i(a) take the (b) I take b) to be my lawful wife.
The parties may choose any other form like exchanging the Garlands ….etc apart 
from the above 
By this process the marriage is deemed to have been solemnized and the 
marriage officer shall enter the particulars in the marriage certificate book and it will be signed by the partiers to the marriage and Three Witnesses.
Ajay Sethi
Advocate, Mumbai
45424 Answers
2669 Consultations

5.0 on 5.0

1) as far as case of boy harassing you is concerned you must keep record of all messages received from boy 

2) you must record all abusive threats received from the boy

3) you must approach local police station with these details and request police to lodge FIR against the boy for criminal intimidation  

4) if police refuse to action lodge complaint with Supdt of police and send copy to commissioner of police 

5)you can also lodge private complaint with magistrate to direct cops to investigate and submit report 

6) you can request your service provider to block all calls and messages sent from the mobile number of boy 

7) as last resort change your telephone number
Ajay Sethi
Advocate, Mumbai
45424 Answers
2669 Consultations

5.0 on 5.0

1. If you have attained majority then you can marry a person of your choice. 

2. Since your family is against your union you may marry before the registrar which is popularly known as court marriage in common parlance. The procedure has been delineated below. 

3. Registered/Court marriage as you call it is solemnized under the Special Marriage Act, 1954 all such marriages can take place between any two Indian citizens as well one Indian citizen with a foreigner irrespective of their religion, caste or creed, and you can say this is the secular form of marriage available in our country. 

2. Such a marriage is solemnized before the marriage officer/registrar usually D.C. deputy commissioner of the area /SDM where both or any of the parties to such a marriage reside permanently or for at least one month. Cost of such a marriage is the rate prevalent in your area. 

3. Both the parties to the marriage have to file a joint application before the marriage officer along with individual affidavit attested by notary public specifying the age, place of residence, marital status(unmarried or divorcee as the case maybe) mental status(not idiot or not with unfit mind), etc. Along with this you have to give proof of age (School certificate, Passport, Pan card), proof of residence (Passport, ration card, voters ID card, rent agreement), & the application/notice of such a marriage maybe asked to be witnessed by 3 independent adult persons, affix one photograph of each of the parties & all the 3 witnesses.  

4. On receiving such an application/notice the marriage officer issues a month notice regarding the intended marriage & get such a notice affixed on the notice board out side his office, a copy of such notice is sent to the marriage officer under whose jurisdiction the other party lives, also a copy is to the individual parties address. After expiry of the period of notice a date is fixed on which all the persons parties to the marriage & 3 witnesses appear again before the marriage officer who declare them married & issue a certificate to this regard. 

5. If you do not have a separate residence then it is advisable to take on rent an accommodation. The rent agreement can be given as proof of residence.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

As regards the boy who is a lawyer and a member of Supreme Court Bar Association and is harassing you, you can lodge a complaint against him to the police for criminal intimidation. If the police does not act on your report then you may escalate to senior officers of police such as SSP/Commissioner of your city or DGP of your state.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Dear Querist
My opinion on your queries are as under:

How can i stop all dis. If i go ahead and marry in a court with my boyfriend what is the proceudre for that? Also can i get a legal aid or police help so that my parents and relatives will be warned through a legal notice that they cannot trouble or hurt my boyfriend or his parents in future.

Opinion: if you are willing to marry with your boyfriend and both of you are major then nobody can restrain you to do that, contact marriage registrar office and apply for marriage with your BF, you may also solemnized that marriage before Arya samaz or any other Temple of you choice, and after the solemnization of the marriage you may file an application before HC/Police for protection from your parents or relatives or any other person as per your apprehension. marriage is your fundamental right provided by Constitution of india and nobody can restrain you to do that.

Opinion on second case: You may file a complaint against that person before police, National Human Right Commission, National Commission for women, Bar Council of India and Supreme Court Chief Justice, or you may file a criminal complaint before court against him with the help of a lawyer.

feel Free to call
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

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