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Author Topic: Child Marriage  (Read 2639 times)

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Offline Shyam

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Child Marriage
« on: October 14, 2013, 12:00:24 AM »
Hi All,

I need a legel help on a Marriage Case for my brother. Story starts in year June 2010 when one of our relative introduced girl to him at a marriage function when my brother was 17 years old studying in 12 th Std. later in 2013 when he turn around to be 21 years legally ( Currently Working in Defence - Air Force - Govt Job from last 1 year - Currently posted in Bangalore ) , girl and there family came up with a marriage certificate and few pics and harrassing him and our family for accepting the girl ( She is now 24 years ) , Stating they both married in a arya samaj temple in May 2011 our home town when he was there - Uttar Pradesh Mainpuri , where as after forcing my brother he confessed that yes they both were good friends but later girl and there had mentally harrassed him for marriage , but he was nt adult he was just 18 years at that time , so they arranged for marriage in temple with his fake documents ( Driving Liecense - where DOB is 1989 , actual is 1992 - for which we have all proofs ). They took money every month from him just to hide this fact from us.

Its seems a pathetic situation where girl is elder , no match with girls family , even my brother want to go for this marriage and they never stayed together , want to know what is the legel action we can take against girl and her family we r in metal trauma by this all drama , they threthen us everyday that we will file a case and go to media etc etc. , sometime asks for money around 25 lakhs etc  Please guide us ??

Thanks
Shyam



« Last Edit: October 14, 2013, 12:02:26 AM by shyamssy »

Offline advkkreddy

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Re: Child Marriage
« Reply #1 on: October 14, 2013, 04:49:35 AM »
someone is blackmail your brother for so many years and he is tolerating is something very difficult to believe, why didn't you lodge a police complaint, what was your brother's intent when he confessed to the marriage?
too many doubts.

any ways lodge an FIR and get along with the case in court.
its going to be a hard time convincing the judge anyways try what else
Champion in law of Torts in India

Offline Shyam

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Re: Child Marriage
« Reply #2 on: October 15, 2013, 12:47:46 AM »
Thnaks K Reddy for your response ,

 Well i know it seems strange , but i want to know as can marriage be approached as null / void , the age criteria is not fulfilled. Also Arya Samaj nowadays make these arrangement for money without verifying the age of Boy n girl.

Also nowadays girls get all sympathy ...coz they are girls , they r planning for dowry case , not sure how n why ?

Please let me know :
* Can we go for null n void marriage on basis of age groud when marriage was done ?
* Can we put a case on girl n her family ....on what basis and what are the charges we can make ?
* Is there any problem with Job of my brother as he is in Indian Airforce - Defence  ?
* As we all are staying in Bangalore , is it possible to approach Bangalore Police or court , as its a matter of UP ?




Offline advsarmaroy

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Re: Child Marriage
« Reply #3 on: October 15, 2013, 01:43:16 AM »
You can challenge the validity of marriage based on age..
u have to act quickly before the girl takes any legal steps.
Advocate Sarmaroy
Corporate lawyer / Real estate law expert

Offline NRI LEGAL CONSULTING

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Re: Child Marriage
« Reply #4 on: October 16, 2013, 03:18:12 AM »
Dear Sir,
     As your description your  brother forced to marry a girl that is elder than your brother in ARYA SAMAJ MANDIR and the documents( Driving License - where DOB is 1989 , actual is 1992 - for which we have all proofs ) is fake, you can file a case of harrassement.
  For more detail query us query@nrilegalconsulting.com 

Offline Advokaterajiv

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Re: Child Marriage
« Reply #5 on: November 27, 2013, 02:49:08 AM »
Dear Shyam,

According to Section 3 of the Prevention of the Child Marriage Act, Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage. Also, While granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money.

So, the law seems to be on your side. Your brother can file a case for the declaration of your brotherís marriage to be void/invalid. Also, in addition to this if there is harassment from the girl and her parents, you may file a separate case for harassment against the girl and her parents. Your case seems to be pretty strong as you have mentioned that your brother was a minor and the girl was a major at the time of the marriage and the girlís family has been guilty of constantly blackmailing your brother. So, you may take the matter to court, as in this case you seem to be the party with clean hands.

Supreme Court has held in the case of T. Sivakumar vs. Inspector of Police that, ďevery child marriage voidable at the option of a party to the marriage, who was a child at the time of marriage. The important aspect of this provision is that a petition for annulling a child marriage by a decree of nullity can be filed only by a party to the marriage, who was a child at the time of marriage. Nobody other than a party to the marriage can petition for annulment of the marriage.Ē

Regards,
Adv. Rajiv Malhotra
www.lawkonect.com

Offline Shyam

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Re: Child Marriage
« Reply #6 on: January 06, 2014, 02:22:18 AM »
Need legal help for below case please help us.

ARYA SAMAJ MARRIAGE CASE:

I need legal help on a Child Marriage Case for my younger brother.

Story starts in year June 2010 when one of our relative (My real Uncle ( Cha-chaís ) brother-in-lawís ( Sala ) daughter , in non-real relation both considered as brother and sister. They introduced girl to him at a marriage function when my brother was 17 years old studying in 12 th Std., they came close to each other as per them, also they claims they went out but itís not true as he was under training in Air force for last 1.2 years, they hardly met 3-4 times in entire 3 years time as per my brother.

They never said or informed anything to us about their friendship, we also never suspected, Even they all went to marriage happened in Delhi in Dec 2012 we invited them being relatives. Later in 2013 when my brother turned 21 years legally ( Currently  Working in Defense - Air Force Ė Govt. Job from last 1 year Ė Currently  posted in Bangalore ) , girl and there family came up with a marriage  certificate and few photos ( Not Marriage pics or videos , just normal pics ) and harassing him and our family for accepting  the girl ( She is now 22 years ) , Stating they both married in a arya  samaj temple in May 2011 our home town when he was there - Uttar Pradesh  Manipuri , whereas after forcing my brother he confessed that yes they  both were good friends but later girl and there family had mentally harassed him  for marriage , but he was not adult he was just 18 years at that time , so they arranged for marriage in temple with his fake documents ( Driving License - where DOB is 1989 , actual is 1992 - for which we have all  proofs as per Govt. records and police verification). They took money every month from him just to hide this fact from us , also they came to our house several time threaten us for Dowry case , Domestic violence case etc. , also twice they attempted to attack my brother when he went on vacation to Mainpuri. Even he doesnít want any relation with that girl as he got to know it was a plan to get property money and spoil our family name.

Last time in Dec 2013 we all decided to talk to them and settle this matter as we donít want to spoil anyoneís life, money n time due to court. We agreed to marry that girl after 4 years as boy is just 21 years , donít have enough savings as well as 25 years is the right age as per socio culture. But they didnít agree they asked around 10 lacs to wait for 4 years as well as property share as a proof of evidence for 4 years. We tried to convince them but they want money , as nowadays scenarios they mentioned few cases of Asharam , Justice Ganguly etc. they threatened us to put a case of fake rape , dowry , 498a etc.
As being a girl all sympathy goes to her , but no one listens to boy and his family.

On Jan 1 2014 , we got to know from our relatives that they had given a complaint in district court , regarding which we received a notice but my brother was not available there we couldnít get that in hand , postman went back.
 
 
 
Highlights of Case:
∑         Boy was not of age 21 years when marriage was done

∑         None of our family member was there in marriage, so we are not sure if itís done or not?

∑         Arya Samaj claiming they performed the marriage by taking Rs. 10000 , no notice , no information to parents , nor the signature are matching in Arya Samaj Certificate of boy.

∑         No pics and videos of marriage

∑         Girl and Family are relative of us, it was a plan to blackmail for money and property.

∑         Girl and boy never stayed together

∑         They filed a complaint in court on Jan 1 , 2014 not sure with what fake charges , we got notice but didnít received as boy was not there in Mainpuri.

∑         They didnít compromised on anything even though we agreed to accept her , after 4 years when boy would be 25 years correct social age as well he will have some savings to feed her but didnít agree they asked us rs. 10 lacs and property to be silent till 4 years, we refused they put a complaint in court.



 Its seems a pathetic situation where girl is elder , no match with girls  family , even my brother donít want to go for this marriage and they never  stayed together , want to know what is the legal action we can take  against girl and her family we r in metal trauma by this all drama , they  threaten us every day that we will file a case and go to media etc etc. , asks for money around 10-20 lakhs etc  Please guide us and help us ??
 
 


Thanks
 Shyam S Yadav 
Email : shyamssy@gmail.com
 M Ė 9986671565
Bangalore
 
NOTE : Currently my brother is staying in Bangalore , we belong to Mainpuri ( Uttar Pradesh )

Offline advocate.isha

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Re: Child Marriage
« Reply #7 on: January 14, 2014, 06:05:09 AM »
"dear Shyam, first of all go to police station and lodge a F.I.R as someone is harassing your brother from so long and to my surprising view you have not taken any legal step.
Section 3 of Orevention of Child Marriage Act,2006 says
Child marriages to be voidable at the option of contracting party being a child.ó(1) Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage:
Provided that a petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage.
(2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend alongwith the Child Marriage Prohibition Officer.
(3) The petition under this section may be filed at any time but before the child filing the petition completes two years of attaining majority.
(4) While granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money:
Provided that no order under this section shall be passed unless the concerned parties have been given notices to appear before the district court and show cause why such order should not be passed.

Nobody can force your brother for considering a girl as his legally wedded wife.
Age of marriage in India for males is 21 years and for females is 18 years. Your case is very strong.  Go to court and get your brotherís rights enforced.

regards
isha bhardwaj
lawkonect.com
9555507507

 

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