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Author Topic: inter faith under age marriage  (Read 792 times)

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Offline pervinsulthana

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inter faith under age marriage
« on: September 28, 2015, 06:52:58 AM »
hello sir/ madam,

i am sulthana, i am a muslim, i was in love when i was 17 my parents make engament for me. at that time i married a Hindu boy! at temple, whom i loved.
then we back to home town, my parents took me to home after some days he sent me a lawer notice restistution of conjugal rihgts.

then my parents file a case against him, on police station, under 354D adn 506

he was acquitted from court.

my parents said that our marriage is not valid, because he is hindu and i am muslim.
then i stoped speaking with him, he also not speaking with me.

recently he filed a complaint against my family, under 420,500,34

in the court he said that i am his wife.

recently one of his friend told me, he is going to file one more case on us.
he wants to validate the marriage, and then will take revenge on us.

i ask his friend how he validate it? he told me about chailed marriage restrain act. then i have gone through it. where i found that chaild marriages are not voide but voidable. by making contracting party filing a pition in district court.

but i never made it becaz so many told me our marriage is invalid.

in chaild marriage restrain act initially says that this act is applicable all indian citizens. expt j and k.

now i am 21 years, my father searching for the bride groom, with in two r three month i will get married.

but my fear is, is it possible to validate our marriage as chaild marriege restrain act? if yes wat woud be my future?if  i get married some one else?

rest of three marriage acts, hindu muslim and special marriage acts there is no way!

every citizen means hindu and muslim also.

actually i should have gone district court and nullify the marriage. before i becom 20. now i am 21

what i hav to do now?

is my marriage vallid through chaild marriage?

to file a case on him it is already late with in two year from the date of marriage we could do it.

Offline adv.amarnath

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Re: inter faith under age marriage
« Reply #1 on: September 29, 2015, 06:32:06 AM »
If your marriage with that Hindu Boy is made in a temple and there is no evidence like photos and videos and no witnesses then in the eye of law no marriage has even been made until you accept it. If you deny your marriage then no law will accept it. It is not possible for him to validate the marriage if he has no cogent evidence but you may get summons from court if he files any case in this regard.

Further Restrain of Child Marriage Act, only implies when marriage of minor has solemnized. But in your case marriage is just ABSURD. You have never been stayed with him under same roof and no consummation is there neither any registration.

So you are free to marry any boy as per your wish. Marriage is cannot be made by force or under compulsion rather by consent of both parties to the marriage.

If you like my post then please click on APPLAUD just right hand side of this post.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline saravanan.s

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Re: inter faith under age marriage
« Reply #2 on: October 02, 2015, 06:53:51 AM »
since you havent repudiated the marriage within a year of attaining majority you cant petition the court for declaring the marriage as void. if he doesnt have any proofs of marriage then it will be as per adv amarnaths advice.but if he has any proofs for the marriage being held by you both then you need to legally first get divorce and then only you can proceed with second marriage otherwise he might file case on you for committing the offence of bigamy

 

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