• Intercaste marriage consequences

Hello,

I like a girl and want to marry her. I am from the upper caste and she is from a lower caste. My parents have the reservation that if I marry her, there will be troubles citing that they can use SC/ST atrocity act to file cases against us. This is a blocker for me to marry her.
My question is does this act require proofs to be submitted by the complainant or it can be misused as well ?
Asked 13 days ago in Family Law from Bengaluru, Karnataka
Religion: Hindu

Dear Sir,

The lover must not be afraid of. But the base line of SC/ST candidates may be of such nature and they may file such complaints but you must be dare to receive any such complaints and fight. Section 498A of IPC is more dangerous and this section can be sued by any girl. The mentality of person you marry is important and not the caste of that person.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4271 Answers
108 Consultations

5.0 on 5.0

It can be misused but if you want to marry with that girl. 

Then after marriage file a protection petition before session judge and move an application for registration of marriage thereafter they can not file any case against you. 

Tarun Budhiraja
Advocate, Rohtak
344 Answers

4.8 on 5.0

See if you want to marry her and girl is ready take an affidavit from girl that is is marrying on her will and there is no force from your side and record her statement before jurisdictional magistrate.

Then you can marry her.

See sometimes by pressure also complaints are filed without strict proof so complaint can be filed but statement and affidavit shall secure you.

Shubham Jhajharia
Advocate, Ahmedabad
18535 Answers
71 Consultations

5.0 on 5.0

1.If the girl is also interested in marrying you voluntarily, then you can marry her, subject to both are major in age.

2. You can register the marriage under Hindu Marriage Act. You may also get rewarded by this act, for marrying an SC girl by the Social Welfare Department.

3. Better to take consent of the parents of the girl for this intercaste marriage.

4.  No SC/ST Atrocity action can be taken against you.

Shashidhar S. Sastry
Advocate, Bangalore
2094 Answers
142 Consultations

5.0 on 5.0

You are at liberty to marry your girl friend 

 

2) however your parents apprehensions are correct 

 

3) act is subject to blatant misuse 

 

4) your wife can file false complaint against you 

 

5) you can apply for and obtain Anticipatory bail from sessions court 

 

6) she would have to prove allegations against you during trial 

Ajay Sethi
Advocate, Mumbai
65784 Answers
3982 Consultations

5.0 on 5.0

Hi

Your parents apprehension is absolutely correct.

Straight away woman can file cases viz., 498-A, DVC, Sec.125 Cr.P.C. Maintenance under other provisions.

You got icing on cake, she / they may file SC/ST atrocities cases.

Yes for every allegation they have to prove with material evidence.

But initially you may have to run from piller to post.

Just think before taking the final call !!!

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
559 Answers
6 Consultations

5.0 on 5.0

Hi,

The biggest irony is of misuse of laws by many people. In the present circumstances, you are suggested to keep that girl under confidence and till the time she supports you nothing wrong will go.

Ganesh Singh
Advocate, Delhi
3066 Answers
9 Consultations

4.5 on 5.0

It can be misused by them. But that should not bar you from marrying her. You can file a complaint that you apprehend them filing a false case as you are getting married to their daughter

Prashant Nayak
Advocate, Mumbai
11948 Answers
22 Consultations

4.8 on 5.0

if both of you are major and willing to marry with each other than solemnized the marriage and immediately file a writ petition before the High Court or Supreme court and claim protection.

 

nobody can stop or restrain you to live your life as per your wish and will, right to life and choice is your fundamental right and nobody can snatch it from you.

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
5310 Answers
256 Consultations

4.9 on 5.0

You can marry any person except within degrees of prohibited relationship irrespective of caste and religion. Sc/st act no way to put you in trouble.

Kallol Majumdar
Advocate, Kolkata
992 Answers
2 Consultations

5.0 on 5.0

Well, even if you do not marry her then also she can use these provisions of law against you.

So thinking about the future which is not in our control is not the right way to decide our future course of action.

So if you are willing then you can go for  her marriage against the wish of your parents.

Devajyoti Barman
Advocate, Kolkata
17581 Answers
250 Consultations

5.0 on 5.0

Dear,

        Your parents has correct here.

         Right now your are thinking that girl will give statement in your favor,

         but sometime under pressure situation will be differ, and that time you are in danger.

        So first take affidavit from girl and if her parents threatens you, file protection petition in court.

Tarun Agarwal
Advocate, Jaipur
747 Answers
3 Consultations

4.9 on 5.0

Dear Sir,

The following information may kindly be read.

2. Chances of non operation from both families

3. Telling others lifelong that, their marriage is intercaste.

4. Determining caste of children.

5. Relatives suspect character of woman.

6. After marriage there shall be no support from relatives about property, ornaments etc. heirship.

7. For many years they are on their own and entirely depending on friends.

8. Many Orthodox people do not employ and give rentals.

9. Usually one person shifts to spouse caste culturally. This is not possible legally.

10. Every caste person has protection layers of family,relatives,local same caste people,a Swami and a math. This shall be disturbed.

11. The history of intercaste marriages tells that they repent after some time.

Personally I welcome intercaste marriages. But the opinions expressed here are based on my observations.

Inspite of many hurdles people go for it. Because

Love is root cause of intercaste marriages.

Even though it is difficult, couple should try to convince their families about their love and marriage.

Highest complications arise in a secret marriage. Marriage is not the end. It is the beginning of responsibility.

 

 

 

 

 

Netravathi Kalaskar
Advocate, Bengaluru
2913 Answers
13 Consultations

5.0 on 5.0

there is no bar in marrying a girl or boy of any caste. the only requirements are both must have completed the age i.e. Boy (21 yrs.) Girl (18 yrs.) for marriage. both must be of sound mind. Love has no limitations of caste. 

 

Mohammed Mujeeb
Advocate, Hyderabad
9577 Answers
3 Consultations

4.5 on 5.0

Dear

Yes for this act complaints have to submit the proof of his/her category.

In majority of the cases this act in misused without any real incident of atrocity.

But this act is generally not used in matrimonial disputes but no one can give surety of not using this act.

Mohit Kapoor
Advocate, Rohtak
2868 Answers
1 Consultation

5.0 on 5.0

You have liked each other and since you both are adults and really want to marry each other then you may not be diverted by such misleading rumours by your parents or anyone.

It is your decision which would play a dominant role, if she is not ready to marry you then you cannot force her however if she is giving a firm stand then you may go ahead with your proposal to marry her against any odds.

 

T Kalaiselvan
Advocate, Vellore
55685 Answers
675 Consultations

5.0 on 5.0

- Every Indian is free to marriage as per his choice with any one irrespective of caste or Religion.

- If, you are interested to marry with a lower caste girl , then you should not be worry for the consequences, because such type of marriage is legal in India.

- For your safety , you should to registered this marriage under Special Marriage Act , where as per law , she will declare her affidavit in your support.

-  Dont worry for the misuse of SC/ST action , becuase you are going to marry with her as per law and not against any rule of India.

 

Good Luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
355 Answers
16 Consultations

5.0 on 5.0

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