Legal Question in Family Law in India
legal love marriage issue
i am 22 years old and i love a girl who is 19 years old we want to marry each other but her parents took her to her villege in rajasthan i am in mumbai now she cant escape from her home in villege as they have kept her under vision in her room. she even tried to go to police but they are also with her father only as her father gave bribe to them we both want to marry can i do something by which it will be mandatory for her father to her here in mumbai so that we can go for marriage pleae advice me something....her parent are doing her marriage there illigally in court as everyone is bribed by her father plase help us.!!!
6 Answers from Attorneys
Re: legal love marriage issue
Pls contact personally.
Re: legal love marriage issue
It seems from your narrative that both of you are major as under the Hindu Marriage Act 1955 the minimum age after amendment in 1978 is 18yrs for bride & 21yrs for bridegroom.So no one can stop you from getting married
Further it seems that the father has unlawfully confined her daughter in Rajasthan.Your opinion is her Father has bribed the police.In this case you have a right to approach higher authorities like superintendent or commissioner of police and also file a complaint against her father in the court.
Dont worry about illegal marriage as such marriage is null & void in eyes of law.The girl can also object to such marriagein the court as under the law consent of both are necessary and marriage against will is null & void.
Pl feel free to mail me in case of any queries.
Re: legal love marriage issue
move to local courts as well as court in your place for restraining her marriage. file civil and criminal cases.
Re: legal love marriage issue
the problem is more practical than legal; i did handle a similar situation about 25 years back and luckily the boy succeeded; that was in Haryana, comparatively less backward than Rajasthan and more closer to Delhi.
You may file a Habeas Corpus petition in Rajasthan High Court seeking her production in court and also seeking protection for her at your expense.
The facts disclosed by you are not sufficient for an effective and complete opinion/solution; please write me complete details of your relationship with the girl, starting from your first introduction onwards; and also details of both families like caste, education, economic status etc.
Re: legal love marriage issue
This is a social problem not a legal problem ! The facts which you have mentioned are not sufficient to give you advice.
Re: legal love marriage issue
Ask the girl to file a complaint with police and simultaneously you also file the complaint with the police and if no actionistaken by police then file a writ petition in High court.