Legal Question in Family Law in India
Marriage and Boycott
Sir, we are residents of shillong and Muslim, belong to Quraish Biradri. My sister got married to a boy from other biradri, now the Qurasih Panchayat is going to pass order for ex-communicating the family from the biradri whcih will cause a lot of harrassment and mental tension. Although the marraige was perfomed by the Qazi of Shillong. The Panchayat is admant in boycotting the family.
Please help me in this regard, how I can get justice as my sister has not done any wrong nor my family, under which provison of Law can I get relief from such unlawful act of the Panchayat. Please help me.
5 Answers from Attorneys
Re: Marriage and Boycott
These Panchayat decisions are of no legal value. Anyway, you are entitled to challenge the Panchayat's decision as and when it comes.
Re: Marriage and Boycott
I have read the review of my learned colleagues, I am in agreement with them largely. The panchayat's decision has no legal value, except having social sanctions. No court of law will entertain your complaint, since it is valueless (zero).
To put the Panchayat in place, file cases against them for defamation and harassment. Instead of you fearing them, make them fear you.
Get on your front foot and hit the ball for a six.
I hope I have answered your query.
Re: Marriage and Boycott
i agree with the reply given by sh rajeshwar sharma.
the panchayat have limited powers and they can not settle social sanctions like this on the people.
first you move to court for injunction to restrain the panchayat from passing such order and beside this file another case for decree for declaring the said order null and void.
then you can also file criminal case against the panchayat officials for exceeding their powers and humiliating you in public at large and causing you great mental torture and harassment.
Re: Marriage and Boycott
there is another good option which infact is the best option to file a writ for declaring the said order as illegal and unconstitutional .
the writ of
Re: Marriage and Boycott
Hello,
My advice to your query:-
Order of Panchyat has no sensititve of any kind including the legal. But to avoid humilation and harrasment, you may file a suit Injuction against office -bearer of the panchyant from passing any order against your family. However in the event of passing any order by the panchyant causing your family members any kind of insult or defamation in your community or public you may file complaint to the police for taking criminal action against the concern members of the panchyant beside claim of compensation.