• Intercaste marriage

My gf is SC and i am brahmin, we both want to marry each other after our education done. Both of us are major and problem is that i fear the girl's dad will make some fake police complaint about me. We dont know what steps to take as a precautiom beforehand or what all to do beforehand so that her parents dont bother us at all in any way possible. Also her dad has beaten her badly in the past when she asked him to stop beating her mom, so he is very violent and can use some caste laws against me.
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Since both are adults you are st liberty to marry each other

2) your girl friend can file police complaint against her father if he had assaulted her

3) she can execute affidavit that she is marrying you out of her own free will

4) in the event any false complaint is filed against you then you can rely upon said affidavit that she married you out of her own free will

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

See no person can stop marrying two adults are there is no such thing as caste law it is illegal and supreme Court has strictly pointed out no such thing is permitted.

To secure false case and seek protection for marriage file a complaint before the police you and girl jointly wherein she can consent before the officer that she wants to marry you so that he do not level false case , further seek protection in case you fear violence at designated place of your marriage and police can warn girls father and he can be arrested. Also send the copy of the complaint to the local executive magistrate(SDM) and Superintendent of Police.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello sir,

As you both are major so you are eligible for marriage with mutual consent. For security purpose, you may take protection from high court. After protection , no any action have taken by the parents of girl.

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

Dear,

It is good that you love each other a lot.

As you both are major, First file police complaint in local police station against girl family,

and mention all the tortures done by her parents in your complaint.

Take girl in your full support, otherwise it will effect adverse on you.

After this complaint, police take evidence of you both. and provide security to you.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Sir, you may contact me for detailed opinion.

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

Girl statement that she has married you of her own free will will help you in case her father files false case against you

Her affidavit as mentioned herein above will help you

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) If you are major than you apply for register marriage under Special Marriage Act and follow the process get done this registered marriage.

2) On same date you visit bith husband and wife in the nearest police station to inform that you had done inter caste marriage and would like to inform in police station and from there you inform to her father as well. To save you from any caste law will be not used against. Here girl should be totally with you 100%.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

She can execute an affidavit mentioning all these details and further can record her statements before senior police official or magistrate and seek the protection.

See the steps need to be taken you can give a complaint stating details and annexing her affidavit that you both want to marry send the copy of Complaint to police station and the Sp of her concerned district further you both can marry under special marriage act, you will have proof to her consent and on any complaint or action a protection can be requested.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

You give a NC to the nearest police station and if some complaint is filed later then get the same quashed in the High Court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Also, as and when you two get married, you two can go to the HC and thereafter seek an order for protection.

At any stage the case is filed and the girl gives statement in your favour then you will be released.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The said video can help in your case, but the other side can also object to the fact that the video was obtained by duress. So, you also need her to give you an affidavit stating all the details as well as that she is marrying you from your free will.

Since, you both are above the legal threshold for marriage, her father cannot do anything to you, till the girl is on your side.

After you're married, you can seek protection from High Court against the father.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Dear,

It is very tough for you in this case, because you are not in touch with girl.

But if girl accept you as a husband in presence of police, then it is beneficial for you.

It's totally depend on girl's willingness.

After that no police, no parents interrupts you both.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

There's only one way to come out of this situation and that is to file a police complaint in against her father stating that he is cruel, narcissist and dangerous to her life and limb. Unless she files a police complaint in against her father there's no way she can alienate herself from her father on this issue.

if she is do not wish to this then she has to get a public notice issued in the local newspaper of Hindi and English striking off all the relation she has with her father and if possible then with her family members as well. Having done so, she will legally lose all the ties with her family and then she can live her life the way she wants it to be like marrying you and so on.

Or else if you can persuade her father for this marriage by sending your parents to her home then try doing that. May be involvement of parents may proved to be fruitful for your relationship.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

This is my response to you:

1. Since it is a personal dispute, arrange a family meeting of both the parents;

2. Try to reach a middle ground and see if this marriage is probable;

3. If the parents still object, then you can out of free, being both of major age, can do a court marriage;

4. Once you do court marriage, there are less chances of fuss because all legal formalities will be taken care of;

5. If there is any threat to you, then you must immediately file an FIR against whosoever threatens you;

6. Make sure you keep the matter civil and there is no physical harm done to anyone.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firslty, if you love someone and that other person loves you in the same way as you do then please get married.

Secondly, marry and file a protection Writ of Mandamus to provide protection you both as you have been having apprehension of getting harmed by any X person.

Thirdly, you would not be disturbed once you have file Writ in High Court.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Under this situation, since you are not prepared to marry her immediately, you may better wait for her and remain silent until the time ripens for the situation.

You may inform her to remain silent without making any contacts with you till the time when you people are able to get married to each other in the manner you may choose at that time.

Your silence would make him to remain calm about this and he may not torture her or her mom or even may not try to implicate you in any false cases.

If you try to take any legal action on this in the name of precaution, he may roll up his sleeves to trouble and torture you not only by false criminal cases but also may arrange to physically harm you through his henchmen, hence take wise decisions at right time.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

She is from another state and she is afraid to file a complaint, I asked her to send me a video message saying that she wants to marry of her own free will and that her dad is against intercaste and will try to accuse any of us on some false charges as he has cops on his side.will this work and what else proofs i can keep to keep her dad from making union difficult.

Dont make any such frantic efforts out of desperation.

When the right time comes for marriage that time you can secretly plan to marry by asking her to come out of house on her own, get her married to you on the basis of the pre-planned arrangements and then surrender before police seeking protection.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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