• Love marriage problem - help required

I am facing one of the many problems that you all might have experienced in your professional career. I and my girlfriend belong to different communities (she is a Muslim), our families are typical Indian middle class orthodox families, we are in love ; somehow her parents got to know about us and they forcefully took her home(she was working in an IT firm) and locked her up and fixed her marriage, she somehow managed to contact me and informed me that her marriage has been fixed, as the dates are approaching and we have scratched our head looking forward for solution but of no help. I want to know how can we be together because marriage seems to be a difficult option even through Special Marriage Act due to less time & also we have heard that notice is sent to home which will cause a new problem. What if she runs from her house writing a letter ? Can her parents take any legal action against me or us like I have read they can file kidnapping charges against me, is it true? can her parents or relatives again take her into their custody if we don't get together legally ? We both are adults, can the law help us as even we have heard that police dept do take money & favours the wrong things ?Also in such a case of urgency is there any provision of court marriage in one day? Is there any other way out to get together legally ?Please do answer
Asked 4 years ago in Family Law
Religion: Hindu

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21 Answers

1) your girl friend can convert into Hinduism

2) you both can then marry under provisions of Hindu marriage act

3) if your girl friend does not want to convert them get married under provisions of SMA after giving one month notice

4) no case of kidnapping is maintainable if girl is adult and has married you as per her own wishes

5) no provisions of court marriage in one day

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Hi,

One of the best steps to get married and approach high court for police protection

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear,

It is very serious and conman problem these days.

i advised you by other way as i also did love marriage but in same cast and religion.

Your case is different first you ask if she ran away from her then after her run you

are full responsible for her run.

So you have full trust on her or not, because in 80% cases, girl change her words in

police station and boy is treated like accused and his career is also vanished. So prepare

for this.

Yes they file kidnapping charge against you.

Your all doubt is right.

I must say take decision with mind not with heart.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear Client,

You can seek court protection by filling writ of habeas corpus in High Court. Being adult, both are free to choose their partner. If she is willing to fled from home, no issues, no case against you if she agrees to live with you.

You can file writ in High Court, Than protection orders and police protection and direction to marriage registrar to process marriage, all will be order by court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. In registration under SMA the notice is never sent to the home of the applicants but it is pasted in the office of the marriage registrar.

2. Now the lady can certainty take help of the law of the land and if she lodges complaint of force, assault and wrongful confinement then the po can come and recover her and ensure her stay at Shelter Home and she would be kept under the protection of the curt.

3. However for this your GF will have to raise voice. Else not much could be done.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The simple solution to your problem is you have to file and Habeas Corpus writ petition in the High Court set her free so as to she can go for marriage in Registrar office.

If someone is forcefully confined he or she can be free by the Court order.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

There is no provision of marriage in one day. However she may convert and get married. Also, if she runs away then no case will be filed against you.

Note that you both are minors, if her family file a FIR then you approach the HC for getting the same quashed. Also, just note that before police and court she will always have to support you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

Love knows no bounds. Love is not for cowards. Go ahead, move heaven and earth. The law is in your favor. File petition before HC claiming her custody.

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No.15, Swamy Shraddhanada Bhavana,

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Phone: +(91)-(80)-26626380 | 26626381

The Brillient School,Behind Reliance Fresh,

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Bangalore, Karnataka 560037, India

Phone:+[deleted]

Email ID: aryasama

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

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.

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

PROCEDURE FOR REGISTERED MARRIAGE IN BANGALORE, INDIA

The following is the complete procedure of getting registered marriage done at Bangalore. I don't take responsibility of any change that happens to this, or if you have to pay more at any of the steps. The post is entirely based on my experience with the process and here it goes, which I believe may be helpful for many people who want to get registered marriage done while staying in India.

Below are certain conditions that are entertained while registering your marriage in India:

1) Not Already Married

- Both the partners of same religion.

- Both the partners of different religion.

2) Already married

- Both the partners of same religion.

- Both the partners of different religion.

I am going to explain the most complicated process below that is the one in which both partners belong to separate religion and have not yet got married. Rest all others are much simpler than this one and you can suffice by wedding card, wedding pics, address proofs and photo identification cards. I couldn't find any proper online documentation of this process in which both bride and groom belong to different religion and want to get married, so writing it here:

Documents needed:

1) Address proof: It is important that for any kind of registeration of your marriage (irrespective of you are already married or not), you go to the registrar office that lies in your area of residence, or the area for which you have valid address proof. The valid address proof for the registration requires only ONE of the partners to have any of the following documents with them that are identified by Indian Govt and that claims their current residence in the city as well as in the area, :

- Voter's ID

- Ration Card

- Driving License.

- Passport

If you don't have any of these address proofs, you have to take any of the Govt sent document like your transport card and even rental agreement to the city's tehsildaar office and get a proper address proof document from them. For people residing in Bangalore, you can take the documents to the Tehsildar office at Majestic, Landmark Kid's shop and get the document done. Usually, it is done by brokers, who can charge an amount of 1500-2000 bucks from you for the document and make it done within 3-4 days. We paid an amount of 1500 initially, but for some unknown reason the broker asked us to pay extra 500 INR for the document after 3-4 days. I know, you might fume and thrash on this, but somehow that is how things are done in India.

However, the other partner also needs to have at least some address proof to claim his/her stay in India.

2) Passport size photographs (Total 8): You will need 5 passport size pics to attach initially in the documents while submitting your application and later 3, for the marriage certificates.

3) Photo identification documents: You can use your driving license, passport or any other govt. issued document that has your name and photo identification in it for this.

For unmarried couples of different religion, your marriage will be covered under Special Marriage Act and the process requires you to fill up two forms - one general form with your and your would-be's details, address, age, parents name etc. and the other specifically for Special marriage act that requires you to enter the same details and religion along with some signatures, declarations, photocopy of address proofs and photo identification cards. Both the forms cost Rs.30/- each.

Once the forms are submitted, you'll need to get them signed by the Sub-Registrar officer of the office. He will sign it after checking your identification cards and after seeing that all the details are correct. After his signature, your data will be fed in their online database and 5 printouts will be made, on which you'd have to attach your pics and sign on them. Once all this is done, you hand over the documents to the officer and have to pay an amount of Rs.33/- for which you'd get a receipt. Your application is submitted now.

For special marriage act in India, both the partners have to serve a notice period of 30 days, after which they can come and get married any time within a span of 90 days. During this notice period, the documents are validated for their addresses and other details. You will be intimated of any violation in case they find something contradicting your records, or if anyone objects to the marriage on legal reasons (like earlier marriage with someone and on some religious norms of their religion etc.). However, objections raised by parents, siblings and other family members without any legal proofs are not entertained.

Once the notice period is served, both the partners can go to the registrar office for wedding registration any time within the span of 90 days along with the original receipt, 3 witnesses and 3 separate photographs. They have to attach the pics and sign the marriage certificates. Three copies of the certificates are made; one is kept with the registrar office, one is given to the bride and the other to the groom. The witnesses also have to sign the certificate against their names. Once the signing is done, both bride and groom have to read a marriage oath in front of the officer, who after that declares them as man and wife. You will have to pay Rs.82/- for this for which you'd get a receipt as well.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The option is that one of you converts to the religion of other, so that you may perform the marriage expeditiously.

As long as the girl is on your side, they can't do anything to dampen your plan of spending the rest of your lives with each other.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If she is adult and accepts that she ran away on her own will then no such action can be taken against you. Then you are innocent.

They cannot take custody of adult forcefully.

No. Even if police supports them you can knock the doors of court.

No. You have to apply for marriage first.

Only option is marriage. Be patient and get married. Or as you are adults you can live together legally till marriage is registered. But only if your morals and conscience permit.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

if you both are not minor and both are agree then you can perform marriage at any arya samaaj temple.

as per indian law under art 21 of constitution of India which says, “No person shall be deprived of his life and personal liberty except according to procedure established by law”.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Sir,

Please file Heabes Corpus Petitilon before Hon'ble High Court, they will summon your lover through police and enquire with her, whether she would like to stay with you or her with her parents. The relevant Supreme Court judgment is 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

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You both are adults hence she cannot be confined in hr home illegally by her parents nor they can object to her marrying you

She can elope her house with you and you both can get married in a temple also after she renouncing her religion.

To avoid problems she can even change her name after conversion to Hinduism.

Once this is over you can register the marriage on the same day of marriage.

Given the urgency of the situation, you cannot marry under special marriage act so soon, hence this would be the safe method provided she agrees for converting herself to Hindu

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

hello

you should immediately file a petition in the HC for her safe custody and the court shall call her and set her free.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Her parents can file case of kidnapping against you

2) if however girl gives her statement that she left house on her own accord and wants to marry you or has married you then no case of kidnapping is maintainable against you

3) you can register your marriage under SMA

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

everything is fair in love and war,

and it is love, you and your gf can perform marriage at arya Samaj then you can register under Special Marriage Act also.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

if you marry as per the Arya Samaj then first she would have to convert to Hindu religion. then only she can marry you. if you marry under the SMA, there is no need for conversion. she can continue to be a Muslim. all other issues do not have any relevance if she is a major.

regards

her parents can lodge an FIR against you and her family which is normally what parents do. kidnapping rape and torture. now what you can do is immediately marry and take protection from the HC if the FIR is not lodged. if they have already lodged the FIR, then file a petition in the HC for quashing the FIR.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Once she is out of her home protesting the marriage being forced on her against her willingness, then even the law cannot force hr to get married with the person chosen by her parents.

She is a major by age hence she has full rights to chose her life partner.

therefore no case can be file against you even if you marry her after she voluntarily fled/abandoned her home to marry you.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Hi,

It is better not to run away and live in disguise. Rather, take help of friends etc.and get married.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Inter caste marriage only through court, not arya samaj.

She is major and freedom of choice, no case she fled from home.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

They may file an FIR mentioning your name and the police might come to you for investigation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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