• Love marriage

Sir, i'm 23 yr. Love a girl, she is 17. The girls family torturing her after knowing about the relation. And giving pressure to breakup. But the girl want the me, and want to marry with me. The girl's family has stopped her school and tution. And her family outlaw her from her house, now she is at her relative's house. How to solve this problem and how can we continue our relation???
Asked 6 years ago in Family Law
Religion: Hindu

9 answers received in 1 day.

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11 Answers

Hello,

A girl cannot marry before the age of 18 and therefore you cannot legally marry her and also there is no provision in law tha can allow you to be in contact with her till she attains the age of 18.

However once the girl attain stage of 18 you can marry her and then can approach the High Court to seek security.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Registration of marriage is a mode of proof of marriage.According to Section 5 ( iii) of the Hindu Marriage Act, the bridegroom has to complete 21 years of age and the bride 18 years of age. Any marriage in contravention of this attracts simple imprisonment, which may extend to 15 days or fine, which may extend to Rs.1000/- or with both.

After attain the age of 18 she can marry.So wait for time .

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

1. She is still minor and hence you can not marry her until and unless she reaches the age of 18 years.

2. Once she becomes 18 she reaches the legal age of marrying someone of her choice.

3. SO after she becomes 18 if you marry her there wouldn't be any legal hassles but if you now elope and marry her her parents may file case of kidnapping.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1) wait till girl turns 18

2) then if she wants to marry you she would be free to do so

3) she can file police complaint against her parents if she is confined to the house

4) she can also complain to state commission of women

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

you cannot be her local guardian

let the girl call police helpline for women that she has been confined against her wishes not allowed to go to school

if police refuse to take action girl can file complaint with state commission of women as advised earlier

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Hello,

Sir please try and understand this thing that she is still a minor and even if she will fully comes to you and your father lodged a complaint then again you will be booked for the offence and also her father can approach the High Court to file a writ petition of habeas corpus saying that her daughter is in illegal custody of yours.

I suggest you to wait till the time she turns 18 and then you too can marry and live with Each other forever.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. She is still a minor and has not attained adulthood legally for which she can not marry you now.

2. At this very moment you have no locus standi to agitate for her plight legally.

3. You shall have to wait for one more i.e. till she attains adulthood at the age of 18 when you both can marry legally.

4. Once you two are married after her becoming an adult, you get the authority to contest her matter and not before that.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. She is still a minor for which her guardians have the authority to act for her welfare.

2. If she complaint against her guardians, then she will be kept in juvenile home and she, under no circumstances, will be directed by the Court to go to your house or chose you as guardian. Moreover, guardian can not be chosen as per wish of the ward.

3. You can take the remedial action as proposed by you only after she attains adulthood as advised above and not before that.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You could not act as a local guardian. If she is ready to give complaints of threat against her parents then she will file the same before police or women's sell

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

You cannot marry her until she attains marriageable age.

You may to wait until she urns 18 and an adult as per law.

You have chances to bring her out of her house only if she is a major, now she is a minor, it will be an offence if you are trying to do anything even with her consent.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

What can she do at this situation, her parents outlaw her from house, stopped study. She is now at her relative's house. She wants to come my house and want that i become her local guardian. Is it possible?? What can she do at this situation. She is feeling very insecure and tense about our relation. She want to continue this relation with me.

You cannot do anything legally to protect her or to bring her out of her house.

It will be termed as kidnapping and sexual tortures to the minor girl if her father lodges a complaint with the police.

Hence you have to be patient till she attains the age of majority.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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