Legal Question in Family Law in India
Please give me the right solution
A person taken a girl uner the influence of drugs to delhi from a.P. There he somehow managed to marry that girl in arya samaj. After getting refusal from various arya samaj he arranged an arya samaj where he selomonised the marriage. He forced her to write in court papers and other things in plane paper. In that paper she wrote that i am marrying in my own willingness. After that he collected the certificate from arya samaj and kept with him. After one day of marriage he left the girl on delhi road. He did all this job with span of 7 days.From that day the girl is with her parent. He is absconding right now. Parent of the girl are reputed persons in the locality so they didnot complained it to police or they want want to go to court also. My question is wheather that marrige is valid. Can she marry again now
3 Answers from Attorneys
Re: Please give me the right solution
If there is no consent of the girl and she did it under coercion and undue influence then marriage is a void marriage and not a valid marriage.
Re: Please give me the right solution
If the girl is major, she can file a case for dissolution of marriage on the ground of "fraud" and "coercion".
She can marry only after the first marriage is legally annulled.
She is also entitled to pursue criminal prosecution of the man.
Re: Please give me the right solution
In any case, even if the marriage is void in law, you will need to seek a declaration from the court to avoid any future complication.
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