Dear Sir / Madam,
I am from SC community and the girl i wish to marry is from a Gowda community, this marriage is strongly opposed by the girl's family. My family or parents are supportive. I am living in Bangalore with my parents, the girl is in her parent's place in Shimoga and is being tortured by her parents day in and out, they also have threatened me and my family over phone on multiple occasions.
The current situation is the girl is being held by her parents against her will and being tortured. I am helpless as I have no guidance on what has to be done. We do not wish to take this to the level of police intervention unless there is no other option.
I'am 26 years old and the girl is 25 years old.
Looking for information / legal advice that will assist us.
Thanks in advance
Asked 2 years ago in Family Law from Bangalore, Karnataka
1) girl should file complaint before local police station under section 506 of IPC against her parents if she is not allowed to go out of her residence
2) she can call the police helpline if she cannot leave her residence
3) she can complain to national or state commission of women if she is held against her will and not allowed to marry you
Under the present circumstances I find no option but to approach police.
You can lodge complaint of wrongful detention against your fiancee.
If police does not work or complaint does not yield enough result file a writ petition of habeas corpus which though you can file only after engagement with her.
The best suited option i find for you is to somehow elope with this lady and get married. Then there will be multiple options for you.
Hi, first you have to lodge a police complaint against her parents.
2. If the police has not taken any action then you have no other option you have to file Hebious corpus petition in the High Court.
1. Both of you should give notice to your local marriage registrar at Bangalore for which she has to manage to flee from her home,
2. Alternatively, both of you should give notice to the marriage registrar of Shimoga and get married,
3. After getting married, you can lodge a police complaint against your in laws to safeguard yourself,
4. After that she can accompany you to Bangalore where they will not be able to create much disturbance.
The remedy is to move the High Court of Karnataka for the release of your gf from the custody of her family. You can also seek protection from the HC if you apprehend harm to your life and liberty. There is no other option within the periphery of law.
filing a Hebious corpus petition in the High Court is the best remedy . On the time of appearance before the court the girl will express her willingness to live with you . And try to register the marriage before registrar of marriage.
You both are major by age and have full rights to decide about your marriage and life there after.
If the girl is stubborn and firm on her decision to marry you, better you may approach their parents along with your parents once by visiting their house and become aware of their intentions and ideas.
If they still refuse to the proposal but if the girl is adamant to marry you, then either ask her to accompany you from their house, or if the situation is not conducive or favorable, you may better approach local police station with a complaint seeking protection as well about her illegal confinement by her parents and seek to get her out of the house with the help and support of police because she has been confined in the house against her will and wishes.
Thank you every one for your legal advice.
I would just like to know if an Arya Samaj marrage certificate can be used as supporting document to procure the sub registrar marriage certificate ?
Also is there any complications that can arise from arya samaj marriage ?
Thanks in advance again !
Asked 2 years ago
1) Arya Samaj Marriage as such a valid marriage as per Arya Samaj Marriage Validation Act, 1937.
2) written application has to be submitted by both he bride and bridegroom and then marriage date has to be fixed a week later
3) MP high court has directed The management should inform both sets of parents by a registered intimation the date and time of the proposed ceremony as also to the police station and district collector in whose jurisdiction the would-be groom and bride reside.
4) The judge said that at least five relatives from each side should be present at the time of the marriage.
5) he Kerala high court has ruled that the Arya Samaj cannot conduct marriages between people if they are not followers of the samaj and it will not be legally valid if it takes place.
6)the certificate which is given by the preist of arya samaj madir has to be shown to marriage registrar to register the marriage.
Registration of marriage can be applied on the basis of Arya Samaj marriage certificate. It is a valid marriage.
The marriage solemnised through Arya Samaj and a certificate obtained to that effect can be produced as evidence for a valid marriage for registering the marriage with the Registrar of Marriages and can get a marriage certificate accordingly.
A marriage solemnised by Arya Samaj is a legally valid marriage.