You can first marry under Special Marriage Act, 1956 and make NC in police station.
Hi i am a Muslim male 32 years and the girl is from hindu background of 29 years. We both are planning to get special marriage registered. We have threat from girls parents. Is it necessary to get court protection or should we go to police for protection. Can we live a simple life without complications. Please suggest.
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You can first marry under Special Marriage Act, 1956 and make NC in police station.
Sir first go to police for protection give application to SP that there is threat to your safety and you and girl are marrying with free will. If police fails to respond then file application before court. Yes you can lead simple life.
1)The ‘Nikah’ according to Muslim Personal Law means both male and female MUST be muslims. The marriage between a Hindu and Muslim will be termed null and void by the court if both are in different religions at the time of marriage ( one in Islam and the other in Hinduism) unless they underwent the marriage thru Special Marriage Act. Under Special Marriage Act, two people of any two religions can get married and their marriage will be solely governed by this Act. This is the best thing to do if you really want to marry someone who you love from a different religion.
2)if you both are matured and i believe so as you have done it through court it is not possible for parent or anybody to interfere in your life you can file an application to court in this regard and court will bound your parent not to harm you it is simple process and you need not to worry.
You can apply to police and seek protection in view of threats received by you
2) if police refuse to provide you protection filepetiiton in HC in this regard
1. Your problem has two sides. One is inter religion marriage and the other is violent resistence from her family.
2. You can marry as per Special Marriage Act which allows inter religion marriage without any one's having to get converted.
3. To tackle your second problem, you shall have to make police complaint against the threats given by her parents.
4. In the instant case, your would be wife shall have to stand by your side in your support even in case of facing distressful situation.
My parents were told that police will arrest both me and my parents before doing enquiries and thus my parents are worried. If I had to go to court for protection what is the procedure and how much would i have to spend both in time and money?
1. There is no section of law which permits arrests to be made by the police on the ground of inter religio marriage.
2. As I have mentioned in my earlier post, your would be wife shall have to stand beside you in the instant case, if any false case of kidnapping is registered against you and your parents.
Police would not arrest you and your parents
2) your fiancée is major and free to take her own decisions
3) she can intimate local police station in writing that she is marrying you as per her own wishes
4) going to court would be an expensive proposition
5) legal fees depend upon lawyer engaged by you
Well what you can do is that instead of asking for protection, write to the commissioner of police that you want to bring to their notice of the threat that exists from the girls parents. Suppose they do nothing about it, then approach the court.
Also, understand that, everyone can ask protection, but it has to be justified. You may have to give proper reason as to why you feel there exists some threat. Did you receive any threatning phone calls? And how can you say it is from girls parents?
So you will have to give all this while asking for protection. Also, you might have to say for how long you need protection. It cannot be for life long. So, mention all this while writing to commissioner of police.
a person can approach the High Court of the state for providing the adequate protection for security of life and liberty. High court has inherent power under the section 482 of the Cr.p.c. in this section Hon’ble High Court of the State has vest power and using of this power Hon’ble High court entertain the petition of the protection of life and liberty of the petitioner. In the Petition of the protection , Petitioner have to mention the reason for providing the protection and Court will go through the all petition and put the some question to the petitioner and if court is satisfied from the plea of the petitioner, court direct the police official to provide the adequate protection to the petitioner.
No one can arrest.you two consenting adults of any faith can freely marry. Sir if.you have to go to court you can file a writ in high court it will pass orders in a week.
You may get married and thereafter approach the court to seek protection.
It is a simple procedure, you do not have to worry.
Regards
No, the police will not arrest the parents.
Immediately after getting married obtain the protection.
Inform the local police station that you have married as per your will and both are major
Regards
You have to file a petition Hindi t high court in this regard to get direction to the police to who provide protection in case.
If a girl is kept in captivity then a direction from High court will set her free and you can go for registration of marriage under special Marriage Act.
Thank you all for valuable suggestions. My only fear is the safety of my parents. And also if i go to court will it become a public media discussion. Can this be solved without any public nuisance
It can be since it is inter religion marriage based on area your reside but that should not stop you from taking such steps.in life . Don't worry there won't be any public nuisance .
You need to go for court marriage in any other district not in your district so that you can avoid the public nuisance.
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1) You will get 100% protection if you and girl inform in police station that her parents are threatening you against your marriage decision. Kindly do marriage as per the special marriage act.
If you are a celebrity or if your would be wife is a celebrity, then it can become a public media discussion. If not it usually doesn't.
You cannot approach court directly seeking protection to your lives before exhausting the remedy from local police station, the court also will direct the police only.
Hence you may better approach the top police officer directly if you suspect the local police to not to cooperate or respond to your request in this regard.
My parents were told that police will arrest both me and my parents before doing enquiries and thus my parents are worried. If I had to go to court for protection what is the procedure and how much would i have to spend both in time and money?
Your parents were wrongly informed about it, the police cannot arrest you or your family members especially if the girl is an adult and she has not given any complaint or if she denies her parents' allegations.
Alternately you can consult a local lawyer and decide further course of legal action on it.
My only fear is the safety of my parents. And also if i go to court will it become a public media discussion. Can this be solved without any public nuisance.
The media, unless called for, will not get any interest in such private affairs becasue it is not sensational issue, as there are number of such incidences going ion regular basis through the country.
You may discuss with your advocate and take a proper decision at right time.
Hello
Get married under the special marriage act and seek protection from the hc by filinh a writ petition praying that you are married and hence the police must not arrest you arbitrarily and you have all the valid documents.
Regards