• Love marriage - help required

Few days back I posted a question in this forum.
Link : https://www.kaanoon.com/208892/love-marriage-problem-help-required. 
Thank you all for your suggestion. 
Most of you suggested to file a petition( Habeas Corpus ) before High Court or take help from police, I would like to say that we filed a police complaint last time when her parents took her forcefully but then her parents bribed the local policemen and quashed the complaint against them and made her forcefully sign on a paper telling that she is willingly going home so that didn't help. We both know that her parents can take some illegal steps. as the above mentioned incident is still fresh in our memory ( we feel we can not trust local police ) and hence wanted to know if the same incident happens again is there any provision which can help us and as time is less than 30 days Special Marriage Act will take time which we don't have, and also Arya Samaj marriage as told in many SC and HC decisions is not valid if conversion done just for sake of marriage. Can you all please suggest some measures which can help us.
Asked 4 years ago in Family Law
Religion: Hindu

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22 Answers

Convert and marry in accordance with personal laws, either Hindu(Arya Samaj) or Muslim.

Immediately after marriage, get your marriage registered.

Also, soon after marriage, approach the High Court band seek protection.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

Make a written complain to collector and commissioner, also give detail of previous complain and police connivance with her parents to report falsely and close the matte.

Why don`t you file Habeas Corpus, everything will resolve once matter reach to High Court and now a days higher courts are taking these issues more sternly.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

Seeing the situation, you are suffering; the only way left is marriage and police protection.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1) girl can convert into Hinduism

2) you can get married as per customary hindu rites

3) if girl does not want to convert get married under SMA by giving thirty days notice

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

1) You can go as per Special Marriage Act.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

The best solution is filing Habeas Corpus before High Court and the Hon’ble Judge enquiry with your girl friend and if she is willing then she will be sent without any issue and direct the police not to interfere with your private life as per following SC judgment.

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

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.

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:

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

As you are a Hindu , get your marriage done in a local temple by following all the traditional customs such as putting vermillion , changing of garlands and taking seven rounds (saat pheras) . Take pictures of all of this and keep the priest in the pictures and it would be better if there are more trusted persons present in the picture who can confirm your marriage . And also register your marriage by signing the notice of intended marriage.

Now file the Habeas Corpus in the High Court .

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

i advise you please wait a while , or persuade her parents, settling the matter amicably outside the legal purview..

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. Conversion for the sake of marriage without divorcing present wife has been ordered against by the Apex Court., i.e. embracing Islam by a married Hindu (like Dharmendra) to marry again with out divorcing his wife is not permitted.

2. Conversion for the purpose of marriage has not been barred by the Supreme Court.

3. You can get married in Arya Samaj temple and take a marriage certificate from the temple certifying that yoiu have been married religiously.

4. You can thereafter marry as per Special Marriage Act.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Sir in such situation the high court will help as you can file a petition for direction for the local authority and the parents, further you need girl on your side she needs to admit the fact before the court so that such directions can be passed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Habeas Corpus in the High Court is different from the police complaint in this case the victim has to appear in the court and the Order of High Court and has to state the actual position and where she wants to go in case she is set free by the high court you can go for any kind of marriage and if anybody intervenes in her affairs that will be termed as contempt of the court and he will be punished accordingly

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Writ petition is not recommended for your issue.

2. If local police not co-operative then approach commissioner.

3. Get your marriage registered under HMA.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

You have been wrongly informed about this.

No haebus corpus petition is maintainable when you are not married to her and also if she is living with her parents.

In fact you cannot do anything when she is not able to cooperate with you.

If she has given a statement before police stating that she is willing to get back to her home(even under pressure), you will not be able to do anything about it.

You wait for the development i.e., if she is able to run away from her house to join you then you can get married to her as suggested or you have to leave it to your fate.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Hello,

She may leave the house and live with you.

She being a major can tell before the court that she has moved out of her own will.

Special marriage act will take the time as prescribed by the act.

You may convert and marry, there is no issue in the same and thereafter seek security from the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

After girl converts into Hinduism you can get married before arya Samaj

2) Your marriage can then be registered under HMA

3) If girl refuses to convert to Hinduism get married under SMA

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Arya samaj marriage is generally meant for Hindus alone,

The Arya samaj do not solemnise marriage between inter-religion couples.

Any marriage between Hindus that is solemnised as per the Hindu religious rites and customs are valid and can be registered under HMA, even if it is solemnised in a Arya samaj..

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Arya Samaj Validation Act 1937

The Arya Samaj marriage derives its validity from Arya Samaj validation act 1937 with provisions of Hindu Marriage Act, 1955. Hindu Marriage applies equally to Arya Samaj. Since Arya Samaj does not believe in Idol worship the ceremonies conducted in a marriage is different for that of Hindu Marriage.

Eligibility for Arya Samaj Marriage

As mentioned above an Arya Samaj marriage must be compatible with The Hindu Marriage Act 1955, therefore for a person to be eligible for Arya Samaj marriage he/she should fulfil all the condition has been mentioned under section 5 of The Hindu Marriage Act 1955:-(a) Age of boy should be at least 21 years and of a girl should be 18 years.(b) Any person who is Hindus, Buddhists, Jains, Sikhs can perform Arya Samaj Marriage.(c) And also any person who is not Muslim, Christian, Jew or Parsi also can get married(d) If a non-Hindu couple wants to get married then they should get converted by performing the ritual called Shuddhi.

Registration of Arya Samaj Marriage

An Arya Samaj marriage can be registered under section 8 of the Hindu Marriage Act 1955; as such it puts the responsibility on the State Government to make the respective law for registration of a marriage and at the same time places emphasis that the non-registration of marriage isn’t going to invalidate the marriage. However, it is advised to register marriage as per Supreme Court order to avoid any future dispute.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

No arya samaj mandir can only be done by Hindus and for inter religious marriage the marriage has to be done under the provisions of the special marriage act.

The person may convert to Hindu and then marry in arya samaj mandir

in arya samaj mandr, marriage between two hindus can only be solemnized

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir Arya samaj marriage shall be treated as hindu marriage so for inter religion marriage the person from other religion has to convert into Arya Samaji then they will give certificate based on that you can marry there and can register under Hindu marriage act.

Sir girls parents has no locus to file case till the time girl is in your favour so donot worry marriage will be legal.

But the best option shall be to marry under special marriage act though it will take time but it would be good as no one has to change the religion.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Not valid.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Arya samaj marriage is performed as per Hindu rites and it shall be between two hindus. So, she shall have to to convert to Hinduism for getting married with you in Arya Samaj temple.

2. There after you can just register the said marriege already solemnised before the local District court.

3. If you do not want any conversion, then you shall have to take a rented house in her name at any place and then apply for marriage as per Special Marriage Act and proceed accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

hi i can suggest you get the marriage registered then nobody can seprate it's very valid document...! as per the registration Act. call me for further details.

Koushalya Pattan
Advocate, Bangalore
174 Answers

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