• Arranged marriage

Hi,

I am in a faithful and committed relationship however my partner is being forced into an arranged marriage. This is against his will and he does not want to but feels he is being pressured, manipulated, coerced, and possibly tricked into it. Is there any ground for him to get out of this? what is the best procedure if it does go ahead and are there any tips on what he should not do prior to them forcing the marriage?

Please help us out.
Asked 1 year ago in Family Law
Religion: Hindu

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7 Answers

file police complaint against his parents that he is being forced to marry against his wishes 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

An adult is free to marry anyone of his choice. No one can force anyone in to  marriage against his/her consent. He can firmly refuse to get in to  such marriage. He can approach civil Court and obtain restrain order against those trying to force hi.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

You have expressed your stand, whereas you have not confirmed your partner's stand on it.

It is mentioned that he is being forced to get into an arranged marriage tangle.

Now, he being an adult and capable of taking decisions, has to take the steps to avoid being forced into the proposed marriage from his side.

As per law, if the marriage was thrust upon a party by coercion or force against the willingness of either party to the marriage, then this marriage can be considered as null and void and it can be annulled for the same reason too.

He can remain stubborn or adamant in his decision to not given in to the pressure tactics from his home side and if necessary, can even walk out of his home. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

If he is married then divorce if not married he can deny

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

- As per law, the validity of the marriage is only when both the parities gives free consent to marriage. 

- Further, even if the boy/girl gets married under force and there was no free consent then marriage can be declared as null & void. 

- Hence, legally he has his right to deny the forced marriage , and being on relationship you can even a compliant against the relative of him . 

- As per the Supreme Court,  When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

No one can force for a marriage.A force marriage is a violation of human rights and also a gender violence.  A force marriage occurs when one or both spouses do not consent to the marriage and duress is involved . Indian parents takes daughter as the burden of responsibility till the time she gets married and thus wants to get rid-off this responsibility as earlier as possible. Many of the educated parents also has the same mindset. Many of them due to relatives pressure or in the fear of societal stigma wants their daughters to get marry earlier and thus forces their daughter by the use of coercion , guilt, threats, blackmail harassment, financial pressure, emotional pressure, physical violence, psychological duress or might even be tricked into getting married.

A force marriage is illegal it also happens if the daughter is caught or wishes to marry somebody she loves who is not of the same caste ,class , category, religion, even after the rapidly changing society many Indian parents fails to accept the generation growth and wants their daughters to marry in the same caste as they belongs if she wishes to marry somebody she loves and this also violates her right to choose who she wants marry which is guaranteed under Article 21 of the Indian and it is stated under Human Rights Charter within the meaning of the right to start a family.Even the law says the validity of the marriage is only when both the parities gives free consent to marriage otherwise it is treated as nullity of the marriage. Judiciary also gives authority to the women to file complaint against her own family or relatives or whoever is forcing her into marriage. Inducing women to compel her marriage also attracts the section 366 of Indian Penal Code.

 

 

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Dear client,  

If your partner is being forced into an arranged marriage against his will, he may have legal options to prevent it. Here are some steps he can take:

Seek legal advice: Your partner should consult a lawyer to understand his legal rights and options. Depending on the circumstances, he may be able to seek an injunction to prevent the marriage from taking place.

Report the matter to the police: If he feels threatened or coerced, he can file a complaint with the police. In many countries, forced marriage is a criminal offense.

Reach out to support groups: There are several support groups and organizations that work to prevent forced marriages. These groups can provide advice, support, and guidance on how to deal with the situation.

Inform family members: He should inform his family members, close friends, or other trusted individuals about the situation. They can provide support and help him find a solution.

In terms of what he should not do prior to the forced marriage, it is important to avoid any behavior that may escalate the situation. He should avoid any confrontations or arguments with his family members or potential spouse, as this may lead to further pressure and coercion. Additionally, he should not sign any documents or agree to anything without consulting a lawyer.

 

 

Anik Miu
Advocate, Bangalore
8872 Answers
110 Consultations

4.7 on 5.0

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