• Hindu boy marry a Muslim girl

I am a hindu boy and in love with a muslim girl, the girl has been house arrested and the girl's parents have threatened my parents that they will finish me if i contact her. the girl is ready to elope with me but i cannot run away as i have my business and my house in the same city, what is your advice
Asked 4 years ago in Family Law
Religion: Hindu

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40 Answers

Sir contact police seek police protection citing the intimidation, further if there is any issue and police refuse complaint file a private complaint with magistrate or writ in high court.

Further marry girl under special marriage act before the registrar of marriage.

Also i will suggest you take some evidence like a video written letter or a affidavit from girl that she with her consent want to marry to you. If girl is on your side no body can do anything

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

Try to convince her parents and if They are not ready then file an FIR stating that the parents have imprisoned their daughter and file a petition in the hc also. In cas he girl wants to be with you he these are options you have.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

ask the girl to file complaint with police helpline for women

2) also complain to national commission of women if she has been placed under house arrest

3) you can marry her under provisions of SMA but 30 days notice has to be given of intended marriage . in such case both parties can retain their religion and need not convert.

4) if girl is ready to convert into Hinduism you can marry her under provisions of HMA

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

You will convinced to her parents and to intimate local jurisdictional police for house arrested and they will save her. If she ready to marriage with you, you and your girl major in age you will do registered marriage under Special Marriage Act with help of police as per law. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Only the solution is marry her under special marriage act. The same time you can file writ of Habeas Corpus.Writ of Habeas Corpus is only remedy against the illegal Detention. the principle that a person in detention under any enactment authorizing preventive detention or is in illegal detention of any private individual has a right to approach the High Court under Article 226 of the Constitution of India in a Habeas Corpus.

If your girlfriend has been detained then you can move the High Court to have her released from the shackles imposed by her parents. It is illegal to hold against will a person who has attained the age of majority. They can also be prosecuted for subjecting her to illegal restraint.

You can lodge a police complaint against her parents for illegal detention against her wishes. The fact of love and willingness to marry each other should be emphasised and the apprehensions of danger to her life to be insisted in the complaint. If the local police is not cooperative then the higher police official may be approached for intervention and direction to local police to retrieve the girl from illegal custody.

Regarding the topic of who may apply for the writ it has been expressed by courts in different cases that the detainee or the confined, as well as whatever other individual who knows about the benefits of the case, and is familiar with the actualities and circumstances and has perceived enthusiasm for moving of such application before the court can apply under Art. 32, and Art. 226 of the Constitution.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

In these circumstances you should immediately file a petition in the High Court for issue of a writ of habeas corpus against the state to produce the girl before the court and also seek police protection for your life and liberty. On her production in the court if the girl expresses her wish to go with you then the court will set her free and also give protection to you.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You can lodge a police complaint with regards to the illegal confinement to the girl if they do not take action complain to magistrate under Section 200 Crpc along with lodging a complaint with state commission for woman.

Second option is to approach high court by filing a writ of habeas corpus. The court will direct the police to produce the girl.

You need to get married under special marriage act and if the.girl is ready to convert you can marry under Hindu marriage act.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. If the girl is 18 years or above then both of you can legally marry each other and no law of the land can restrain you.

2. Now if the girl is unlawfully confined in house then it is a crime for which complaint to police can be lodged.

3. So if the girl is willing both of you can register the marriage under Special marriage Act .

4. thereafter if any threat is caused you can seek police protection as well intervention of high court to get necessary direction on police to provide security to their life.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Sir,

Just get her and marry in some other city if you so confident of your love. You have support of law as follows.

=====================================================================================

Nobody has right to interfere if two adults get married, says Supreme Court

NEW DELHI: No one, either individually or collectively, has the right to interfere in a marriage between two consenting adults, a Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra said on Monday.

The bench sternly told khap panchayats not to assume the role of conscience keepers of society and said courts would go by the law and not tradition and 'gotra' considerations to determine the legality of a marriage.

Senior advocate Narender Hooda, appearing for some khap panchayats, said khaps encouraged inter-caste and inter-faith marriages as they had permitted Haryanvi men to marry women from other states given the skewed sex ratio in the state.

https://timesofindia.indiatimes.com/india/nobody-has-right-to-interfere-if-two-adults-get-married-says-supreme-court/articleshow/62796304.cms

Solemnization of Marriage under Special Marriage Act

The purpose of this Government Order is to ensure that the defined process of service delivery for the Solemnization of Marriage under Special Marriage

Act is followed. This would facilitate the electronic delivery of services through the instructions and guidelines as described in the following sections of the

Government order. The important components of service delivery process is being listed below –

1. Process for Registering service request for Solemnization of Marriage under Special Marriage Act

The request related to Solemnization of Marriage under Special Marriage Act can be accepted at the Common Services Centre established under

Government of India 100000 Common Service Centre (CSC) scheme under NeGP and Suwidha centers operational in the state or any other

arrangement made by Government for accepting the request, without discretion of any kind. The Government Official should now onwards accept the

service requests through electronic channel only. The applicant has option to submit a service request through any of the below mentioned procedures:

http://edistrict.punjabgovt.gov.in/EDA/Downloads/Solemnization%20of%20Marriage%20_%20Govt%20orders%201.1.pdf

=========================================================================================

Dear Friend,

You may go through the following procedure under Special Marriage Act

Conditions Necessary for A Marriage

The following conditions are necessary:

1. That neither party has a spouse living at the time of marriage.

2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.

3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.

4. That neither party has been subject to recurrent attacks of epilepsy or insanity.

5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.

6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:

http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html

The requirements of procedure as per Karantaka State is as follows regarding fees and formats

3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.

4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.

(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be

1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.

http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If you are confident that she will be with you then immediately file an Application before the magistrate under section 97 of Cr.P.C. regarding her wrongful confinement.

The magistrate will issue a search warrant and the girl will have to appear before the court, the got will record her statement and if she desire to live with you then the court passed an order in your favor.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

You Need not afraid. the police and entire legal system is with you.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

This is my response to you:

1. You must make your parents speak to her parents;

2. Try to see if there is chance of you getting together with her;

3. Try all methods at your individual level;

4. If all fails then you have only option of doing court marriage;

5. If the families object or give death threats then you have to approach the police.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear,

According to QURAN, Muslim women are prohibited to marry other religion men.

But in special marriage act you can marry with Muslim girl. But in my advice if you have your

successful business then forget her and focus on your business and family.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Get your marriage done in Registrar office behind their back. You can also file a application in district court for commencement of your marriage with security.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

File Writ of habeas corpus in High Court

Or first complain to collector/Women Commission/commissioner for release of girl and provide police protection.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

File Writ Petition in hc

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

The girl can file FIR against her parents for criminal intimidation.

Even, you can give a complaint to the police stating that the girls family is giving death threats to you.

Once you married to the girl, you can also approach High Court or Supreme Court under article 226 or 32 of the Indian Constitution for seek police protection.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. Approach near by police station and file a complaint against the muslim girl's parents. provide the necessary proof that you both are in love.

2. Let the police call the girl and get her statement and you can register your marriage under special marriages act.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Hello,

File a FIR against the whole family under section 506,507,341,343,346,349 . Please keep in your mind that the girl is above 18 years of age.

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

In your case, you can do arya samaj marriage and you'll get the marriage certificate in a day and it's legally valid too. After the maariage, you can approach high court for police protection.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You would need a conversion certificate of girl

2) you can get married within a day or so

3) she should not stay in your house before marriage

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

See as there is no process of conversion into hi du but.you both can marry with help of arya smaj and they can give her certificate of Arya smaji and can give a marriage certificate.

Yes she can stay on her own wish.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

hello,

yes if she is ready then after conversion, perform the marriage in Arya Samaj and then register the marriage with the registrar.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Yes if she's of legal age to get married you can take help of local police to Get her released from illegal confinement secondly you can get married in a temple thereafter register marriage under Hindu Marriage Act in local registrar of marriage office.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Do not try to convert her religion as the same may give it a communal colour complicating your problem further.

Since the marriage can be validly performed by registration under Special marriage Act, go for that only even if it may take one month of time.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If she is major and willing to marry with you then she can.

If she is in house arrest then you may file an application before magistrate under section 97 of Cr.P.C.

Marriage can be solemnized within a day.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Go with legal.

For special marriage act no need of conversion

You can register marriage. Very easy shortcut and economically and legally .

For being HIndu you have to born in HIndu religion no one can get converted in HIndu like some other religion but one can adapt HIndu religion and following Hinduism.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

Before approaching police you should keep some record as an evidence that the girl should not change her mind under undue pressure from her parents.

Let girl call up local police on seeking women police protection and arrest in house by family.

Irrespective she should be major.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

The conversion takes place instantly.days are not required. She can be a hindu and marriage will simultaneously take place.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. It is one day process by arya samaj to issue conversion certificate to the muslim girl upon converting into hinduism.

2. Get marry in temple with hindu rituals.

3. Approach your jurisdictional registrar of marriages to register your marriage along with all proof of your marriage.

4. On the same day, you can get your marriage registered.

5. Once marriage registered as per hindu law, the girl has right to stay in your home and the girls's parents can not house arrest her. if they do so then it is illegal detention and will be prosecuted by the court of law.

6. You may talk to me to get this entire process done in a single day.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1) approach the arya samaj in your city

2)they would carry out conversion process

3) it should not take more than a day or so

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Sir it will take 1-2 daya where she will be made arya samaji and married to you. There are some religious ceremony and name change for that affidavit can be made.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you can get married to her

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

what is the need to get converted into Hindu, That she can be after marriage by adopting your surname,

and if you ready to all pain , than y not court marriage.

Just approach police or tell her somehow call the police to release her from house arrest.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If your life is under threat then you may lodge a complaint against those people whop threaten you on this with the police.

In the meantime you may plan to marry her eloping the house under the provisions of special marriage act and then come back to the town, surrender before police seeking protection from her parents while referring to your previous complaint to link with this.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

the girl is ready to convert into hinduism then is it possible for us to get married within a day, also if the marriage is taking time can she stay in my house if i approach the police and file a case that she is house arrested

The police cannot act on your complaint to release her from her house until and unless she complaints that she has been illegally confined by her parents in that house.

You can get married on the same day after conversion to Hindu under the provisions of Hindu Marriage act.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

what is the procedure involved to convert the muslim girl into a hindu for the purpose of the marriage at arya samaj , and how many days does it take to convert the muslim girl into a hindu,

The arya samaj is no doubt not an authority for conversion of religion by a person belonging to other religion to Hinduism, but it is recognised that the girl is converted to Hindu after producing the receipt of the Arya samaj for this.

The procedure will take only one day.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1) In India there is no such law for conversion, if you directly get married under Special Marriage Act and girl change her name and accepts Hindu rituals rites rule, court will accept her as hindu.

2) Both boy and girl should be 21 and 18 years above respectively.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. The girl is free to convert to whatever faith she wants. Even without converting you may marry under Special Marriage Act.

2. There is no procedure to convert to Hinduism.

3. The marriage according to rituals can be conducted within a day but if you marry under SMA then it will take at least a month.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

It is not necessary to change religion. If you like you can marry without change of your faith. You are to do marriage under the Special marriage Act. The only problem is that it take time of 2 or say 3 month. Until then it may be a problem that where to live?. You should file a report that you both are major and living in relationship with free consent and want to marry in future. The police and law will protect you against your parents.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

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