• intercast marriage

Hi sir,  my name is amit (25). I really need your help regarding intercast marriage. Me and my girlfriend wants to get married but the major problem is her family is so much against love marriage.There pride is everything for them.There's children happiness dsnt matters to them at all.
Asked 2 years ago in Constitutional Law from Solan, Himachal Pradesh
What is the age of your girlfriend?  If she is a major and completed 21 years and is also eager to marry you, then both are at liberty to enter into wedlock.  You can also get the  marriage registered before the Marriage Officer of your area
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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Has your gf attained the age of 18 years? If yes, both of you are at liberty to marry according to your wish. In view of the opposition by your gf's parents to your marriage you can marry under Special Marriage Act. If you apprehend any danger to your life subsequent to tying the nuptial knot then you may approach High Court for protection.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. I do not find any difficulty of both of you are adults and ready to marry each other.
2. In the context of opposition of your family members, better move to a new city and get a marriage registered under Special Marriage Act.
3. If after marriage both of you face any threat or torture you can seek Police protection including intervention of High Court.

Do not worry and take your decision fast.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. SEEK POLICE PROTECTION.
2. If Police does nothing then go to High Court.
In a civilised society such things are not possible if you raise a voice of protest.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Obtain prior police protection by moving to High Court. Do not take any risk considering their past record. High Court would rise to the occasion and afford your necessary protection.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) since both are adults you can marry without consent of your parents . 

2) your fiancee can lodge complaint against her parents with state commission of women if she apprehends threat to her life from her parents . 

3) she can also seek police protection by moving HC 

4) he Supreme Court ha held that inter-caste marriages are in “national interest” as a unifying factor in a nation where caste system is a “curse”. “The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation. Inter-caste marriages are, in fact, in national interest as they will result in destroying the caste system


5)  SC in Lata Singh vs State of UP which had held that inter-caste marriages are not banned under the Hindu Marriage Act or any other law. The maximum that relatives can do if they disagree with the inter-caste marriage of their children is to cut off all bonds with them. “But they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. This is a free and democratic country,” the court said.

Taking steps to enforce its judgment, the Bench directed the government to immediately suspend any District Magistrate or Collector and SSP/SPs as well as other officials concerned, chargesheet them and proceed against them departmentally if they failed to act against any instance of casteist violence despite knowing about it in advance or if they fail to “promptly” apprehend the culprits and institute criminal proceedings against them
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
There is no way your name will be published publicly after registration of marriage.
I am really surprised to see your fear in this advances stage of society.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) it is not necessary for you to have court marriage . you can get married under provisions of Hindu marriage Act   . there is no prohibition for inter caste marriages under HMA . 

2) contact a local lawyer and he will guide you as to time to be taken for obtaining orders from HC
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
welcome......
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
1. Your name will not be published on the notice board after the marriage is performed. You are under no obligation to marry under Special Marriage Act as you may marry in a temple under Hindu law.

2. After marrying you may immediately apply for protection to the High Court. It will not take more than a day or two to obtain interim protection from HC subject to HC recoding its satisfaction regarding the need thereof.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Thanks.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0

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