• Forced marriage

Hello
My boyfriend n I have had a live in relationship for the last 3 years. V r very much in love n want to get married. But the problem is that my boyfriends family does not accept me Bec in a Christian n he's from UP. They fixed his marriage to a girl in da community wen they were kids n now he wants out n wants to spend his life with me.. Through these three years they hav actually tied him n tortured him to get him to marry this girl but somehow on da wedding day he ran away n came back to me. Now after 8 months on the pretex of his mother not being well they hav locked him up somewhere to get him married. I spoke to his father n he told me he wud let me speak over the phone just one to my boyfriend. Wen I spoke to him he started crying n said I can't talk pls understand.. I hav filed a GD at the local police station but the cops say that they can't do anything.. My boyfriend is also my business partner n I don't want to loose him. 
My question is if I tell him to go marry this girl I kno he will come back home as he will not consummate the marriage. V hav discussed this scenario. He said if push comes to shove n they make him marry her he wud leav Her n come stay with me. My question is how soon can he get a divorce from her. I need to let him go otherwise he will b tortured like the last time. He was beaten with everything possible just Bec he said no to the marriage n wen he ran away I picked him up from Delhi airport n brought him home. How soon v get married. Please help v can't live without each other.
Asked 4 months ago in Family Law from Kolkata, West Bengal
Religion: Christian
You can convert into Hinduism and get married as per sacred Hindu rites under provisions of Hindu marriage act 

2) on conversion you can also get married in Arya  samaj 

3) in the alternative if you don't want to convert you can get married under provisions of special marriage act 

4) 30 days notice period is must for marriage under SMA 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Once he is married to another girl, then a divorce case cannot be filed within one year from the date of marriage.

However he can file an annulment petition to annul his marriage for being forced to marry her narrating the circumstances wherein he was forced to marry that girl.

Before that you can move a petition to the superintendent of police under section 154 cr.p.c. giving the complete details including your love affairs and that he is illegally confined in his house etc.,

You can request the higher police officer to intervene and direct the local police to release your boyfriend from the captivity/house arrest or illegal confinement.

Once he comes out of the house you both get married immediately under special marriages act.
 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
If his wife refuses to divorce him yiur boy friend has long legal battle ahead 

 2) contested divorce cases take 5 years to  be disposed of 

3) if you are threatened file complaint under section 506 of IPC for criminal intimidation

4) you can also complaint before national commission of women if you are threatened after marriage
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
At present he is not married, so better to marry him right now. If his relatives is locked him in room then you have to file habeas corpus petition before the high court. The police will produce him before the court. A writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful. If your boy friend is strong you can live with him. 

Marriage is not a game for play. Marriage is a sacred or contractual relationship in India. Marriage, as its legal consequences, entitles both the persons to cohabit; the children born out of a legal wedlock have legitimacy as legal heir; It is the joining of two different families. So a forceful marriage also make disturbance in future if the person have a brave mind to face the reality and fight against the barricades.

30 days notice is enough for a valid court marriage but a contesting divorce cases take more than 5 years, mutual divorce will take 6 months.

Live in relation which can also be referred to as cohabitation, in essence, is an arrangement whereby two people agree to live together on a permanent or long term basis in a sexually and/or emotionally intimate relationship. The Court said that a man and a woman can live together as per their wish even without getting married. It further said that it may be immoral for the society but is not illegal. There is no specific law on the subject of live in relationships in India. There is no legislation to define the rights and obligations of the parties to a live in relationships, the status of children born to such couples.In a landmark judgment on 13 April 2015 by the bench consisting of Justice MY Eqbal and Justice Amitava Roy, the Supreme Court ruled out that couples living in live-in-relationships will be presumed legally married. In S PS Balasubramanyam vs Sruttayan [AIR 1992 SC 756], the SC had said, "If a man and woman are living under the same roof and cohabiting for a number of years, there will be presumption under Section 114 of the Evidence Act, that they live as husband and wife and the children born to them will not be illegitimate."
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
File a complaint before magistrate court under section 97 of Cr.P.C. and the court pass an order to police to produced your boyfriend before the court and court will ask him about his wrongful detained by his parents physically or emotionally and if she willing to marry you and willing to live with you then the court pass an appropriate order in your favor and also provide protection to you and him.
You may file a writ petition before high court under section 482 of Cr.P.C. for the above said relief.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. If he has been held against his will then you may file a writ petition in the HC for his release. It is a speedy remedy which can show results in a day. The cops cannot do anything. Move the HC instantaneously. 

2. It is not a cakewalk to obtain divorce. One who files a petition for dissolution of marriage has to prove the cruelty or adultery of his spouse, and it may take years for the court to pronounce the judgment. It is going to take at least 2 years for the divorce proceedings to be wound up if there is a contest. So take preemptive steps and move the HC. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
If ur bf really wants to marry u ask him to appoint a lawyer there and get court marriage register within one day. Once u r legally wedd no one on this earth can seperate u frm him. 

Dont take me wrong but he will never marry you.  Ask him to come to court or any of ur frnd can help. If he really need u he will go to court.
 If he doesnot appear in court the mean u can understand u r sooo innocent he is emotionally playing with u to get rid from u.

Dont worry child marriage is void and is not enforce in any court
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
1. File a Habeas Corpus petition  before the High Court praying for a direction upon the police to search and find out and present your business partner before the Court who has been abducted by his family members forcibly against his wish,

2. Police will be bound to act and present him before the High Court where he can pray for protection from his family members. 
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. If he marries the other girl, it will not be possible for him to divorce her without having any acceptable ground,

2. So, your chance of marrying him thereafter will be a distant dream,

3. Do not let him marry that girl and file the habeas corpus petition as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0

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