• Cheating in the name of love and marriage

HI,
I been in relationship with a girl from past 4 yeara. we been in relationship from our college days. initially we were best friends but we both know about each other very well. so we thought of marrying each other after we settle . now we both are working as Software developers from past 3 years. we never told about our relationship with girls parents. but 1 month back she told about our relationship with their parents but now they are not accepting for our marriage because we both are from different cast. they are forcing her to get marry with other guy. she is very genuine but afraid of her parents. Is there any way I can bring justice . 

Few points:
1. physical sexual relationship
2. No money transactions
3. I did not force her for anything

Proofs I have:
1. WhatsApp chats where we discussed about our marriage.

Please help me to understand how this case will proceed.
Asked 5 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

20 Answers

She can go along with you and you can marey each other e a court marriage. 

If her parents are forcing her to marry someone else then you may file a petition in the high court for her freedom from her parents.

But she has to be ready to live with and marry you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can perform court marriage under law Special Marriage Act. Once this is performed nobody can do anything.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You both can get married even against her parents wishes 

 

2) both are adults and free to marry 

 

3) if girl refuses to marry against her parents wishes forget her and move on in life 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

If she is ready to marry you notwithstanding her parents' opposition then both of you can get married and then file protection petition in the High Court to seek protection from false cases by her parents and also to protect your life and liberty.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hi, It is better both of you get married either in temple or marriage register office. Both of you are major you can marry any one of your choice.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear sir,

There are two options:

1. You somehow try to convince the girl's parents. Law and courts cannot direct them to change their mindet. 

2. You both can marry by your own. According to law, if the boy of 21+ years and a girl of 18+ years are free to marry according to their wishes.  In fact, the right to chose ones partner is a fundamental right under Constitution of India.

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

If she has filed any FIR then you need to first take anticipatory bail in the same. later the case will proceed in trial court on merits.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Marriage is an institution in itself. If you start wrong you will end up wrong. Mediate between the family members if possible. If not possible by yourself then take help of your elders. 

 

Considering both of you major in age (Male: 21 years or above and female: 18 years or above) and inclined to get married despite of non-inclination of either of the family members, it is advisable to go for registered marriage, by placing an application before the Police Station nearest to the area of residence of the girl stating that she is of adult age and is willing to marry you against the wish of her parents and has voluntarily decided to marry you. 

 

This will help you to consummate your both relationship without any personal allegations on you or your family.

 

You can also seek police protection by applying Special Criminal Application before Hon'ble High Court of your state on the grounds of threat to your life or both of yours life due to non-consensus of either of your family members.  

Pooja Ashar
Advocate, Ahmedabad
237 Answers
4 Consultations

You take your parents to their home and negotiate the marriage arrangement with them.

If they do not agree then you can approach elders of their side to put pressure on her parents.

If they still do not agree for this proposal, you may ask the girl to walk out of their house and get her married to you under a social ceremony and get it registered before a marriage officer under Hindu marriage act.

Please always remember that the girl has to cooperate with you to get married to you after which her parents cannot restrict the adult girl from getting married to you. 

Right of a major individual to marry person of his/her choice is a fundamental right which cannot be encroached by anybody irrespective of caste or religion.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You can seek help of a medical professional to cope up with your mental health. Try to move on if this relationship doesn't work out.  

If the same thing happens to a girl, legally it will be the same, however if the girl wants to harass the guy she can lodge false criminal cases against. But again, that ultimately is not going to be any benefit.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Your girl friend does not want to go against her parents wishes 

 

respect her decision and move on in life 

 

don’t file any case against her 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hi, if the girl is does not consented for marriage then it is difficult to marry her.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

You somehow have to convince the girl to get married to you as you both are fond of each other and have already decided to marry each other except for the obstacle from their parents side.

The next solution is that you people can secretly get married and get your marriage registered without anyone knowing about it and start living normally as you both are living now away from each other. 

No doubt this would be a very harsh treatment or a very hard blow to their parents however this may be a temporary issue and as the passage of time, they will accept the reality and may accept you both by recognizing your marriage too.  

But you may have to be very cautious in the steps that you would like to initiate now in this regard because any flaw may jeopardize the entire process  and may serve a fatal blow to all your efforts. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

- Legally you cannot marry with her without getting her consent , even if were in relationship with her . 

- Further , the court also cannot pass an order for direction to get marry with you , without getting her consent. 

- But, if she wanted to marry you , then you both can get protection legally. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

A marriage is a legally recognized union of a man and a woman, which thereto raises rights and obligations between them. Both of you are major, Major person’s can marry each other without the consent and will of their parents. Registration of marriage is a mode of proof of marriage.Both of you register your marriage under Special Marriage Act.

 

If the girl does not want to go beyond her parents wishes then you can’t force her. A forced marriage is a violation of human rights, as well as a form of Gender Based Violence as it usually involves mental abuse, emotional blackmail and coercion from either the family or society.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

Don't take tension you will be fine. You can contact me if you need more info. In the above circumstances just do as aforesaid

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Querist

Until and unless she chooses you unconditionally till then you have no right to marry her. It is she, who wants her parent's happiness and also willing to marry you with the consent of her family members not otherwise. so it will be better for both of you to either wait and try to console them or leave and go ahead in your life. Legally you cannot take any action against her or her parents except filing the criminal case of cheating and Civil case of compensation.

 

Feel Free to Call

 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

1. Law does not recognise emotions.

2. If she is ready to marry you then courts will come to your rescue.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

It can't be same for both the sides as in India we have more of women favoring laws and therefore it is distinct in each aspect. However, as you are going through ample of emotional trauma it is advisable for you to allow elderly intervention and seek their guidance and help to preserve dignity of your girl and your relationship. Legally until allegations are grave and in specific against you substantiated by evidence and statement of your girl as well, nothing can happen wrong to either of you. 

If you are worried about her then until she keeps courage to stand for herself for her own love and you, nothing can stop her parents to do something for their own daughter's future and betterment. 

I wish you good luck with this emotional sea-saw and may you both get blessings to get together and forever soon.  

Pooja Ashar
Advocate, Ahmedabad
237 Answers
4 Consultations

Dear Sir,

You may approach some common or police who may help you to solve your problem amicably.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer