since both are adults you are at liberty to marry each other
2) she can inform the local police station in writing wherein she is residing that she is marrying you out of her own free will
Relationship and girl friend family issue
Hi, I ( Age: 25) have been in a relationship with my GF (Age: 25) for the last 2 years including physical ones. I have some normal pics, voice calls, and hotel receipts. I have been tired (for the last 1 year) of convincing her parents and my family to accept our marriage (she also did). Due to their inter-caste (Girl-BC, Boy-MBC), horoscope, and personal reasons they didn't accept our marriage. Before 2 months I went to her home and informed them about our love only (Not a physical one) like she didn't give any promise to me, etc.. to protect her from her family. Still, they didn't accept. Because of that my GF got angry and also they forced her to avoid me for the last 1 year (Now, more). 2 weeks before I met her, and expressed myself and convinced her. She said we will talk. After that, we don't have any communication for the past 2 weeks. Now, I'm trying to go to her home again with my brother or with some elder people (Please guide me in that? ) and tell them all the relationships we have, including physical ones. She wants me to marry due to her fear, disbelief, and inability to fight with her parents (after a long war), what to do? What if they filed a false complaint against me at the police station (I know she won't agree with that) and forced her to say such as I don't like him, etc? How do we tackle that situation?
Asked 9 months ago in Family Law
Religion: Hindu
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15 Answers
Now, I'm trying to go to her home again with my brother or with some elder people (Please guide me in that?)** and tell them all the relationships we have, including physical ones. Is that the correct move to make? What If someone tires to hit me or gave false complaint such as he came and threaten us?
Asked 9 months ago
no need to go to her home again with your brother
2) her family is opposed to your relationship and has no intentions to approve your marriage
3) get married as per provisions of HMA
Don`t reveal about physical relationship. It will turn the situation to worse,
- It absolutely wrong disastrous to disclose you physical relations with girl. Not only things will be bad but her life will also be spoiled. If you love her try to convince her parents.
- If you are financially independent you can both go for registered marriage. Once such marriage is successfully registered, all have to agree.
- But don’t even think of disclose anything that will damage her character.
- As per law, being major , you both have right to marry without getting consent of others.
- Hence, her parents having no right to lodge a complaint against you for showing willingness to marry with her.
- However, if she refused to give her consent , then she can only lodge a complaint against you.
- You can lodge a complaint before the police after narrating that her family members are creating obstacle in the marriage on the ground of caste , and you can produce the proofs of her relationship with you like pictures and voice calls.
Dear client, the decision you make will be dependent on the girl's parents' mindset. Be cautious when dealing with these situations.
Another thing is that because you are both majors, you can legally marry without anyone's permission or consent.
If the parents have filed a false case, you should have evidence that you and the girl are in a relationship and that anything you do or done is with her consent.
It is better that you take your parents and some elders from your family, visit their home and submit your proposal to marry her.
You may not reveal the details of your physical relationship with her.
They cannot lodge any false complaint just because you have visited their home with your proposal to marry her, hence don't be worried on that count, if they still go ahead with any false complaint, you can challenge the same on the basis of documentary evidences in your side.
You have been advised to not cross your limits by revealing the details of your intimacy with her, this may provoke them and besides physical attacks, they may make sure that you people will be booked under false complaints.
Better you maintain patience, the revelation of your physical relationship with her may even irritate her and would make her to end your relationship forever for obvious reasons.
One thing is for sure, that the relationship between you and the girl was that of love and consensual. Nobody can dispute this posisition.
However, whether or not she agrees to marry is you is her personal choice. Neither you can compel her to marry you, and likewise neither her family can compel her not to marry you. You have to tackle the situation very delicately
You can get her married through a registered marriage otherwise can approach court or they are not letting her meet you against her wish
Location: Tamil Nadu Hi, We went to her parents and said everything on 13-05-204. Before that, I saw her in front of her hostel on 05-05-204 and tried to convince her. Due to this, they gave the wrong info to the advocate and the police station on [deleted]. such as, we are threatening them and forcefully seeing her daughter. We went to the advocate's home on 25-05-204 and without knowing the full truth, her uncle tried to beat us and say bad words to my family members. We are not talking about anything to her uncle. We kept silent. After some hours we went to the police station I said something and my GF came and said (due to fear, disbelief in me, etc..) I don't want to live with him, etc. I said sorry I won't come again. They then registered a CSR and put a WARNED sign and closed the case.** But, Now I want to see only her uncle and will say everything about me and why I'm trying this hard and ask him to say sorry to me for putting bad words on my family. Is this possible or what is the right way to do it? There is no issue even If I get an FIR for this.
Asked 8 months ago
If you insist in her uncle's apology then you can visit his house again and put pressure on him.
If he's behaving in the same manner without tendering apologies then you can go to police with a complaint afresh because your earlier complaint seems to have been closed.
Don’t go to sell her uncle
best keep a safe distance from her family
You can proceed with criminal action in above matter
Dear Client,
Your situation is quite complex, involving personal relationships, family dynamics, and potential legal implications. Here’s a structured approach to address your concerns and guide you through the process.
The primary concern appears to be the resistance from both families due to inter-caste differences and other personal reasons. This is compounded by the legal risks associated with potential false complaints against you, including allegations of harassment or coercion, and the possibility of your girlfriend being pressured into making statements against you.
Since both of you are adults (25 years old), under Indian law, you have the right to marry whoever you choose, irrespective of caste or family approval. This is a fundamental right guaranteed by the Constitution of India. If a false complaint is made, it is essential to be prepared with evidence of your relationship and the consent of your girlfriend. Such evidence could include photos, voice recordings, and any written communication that demonstrates mutual consent. This will be crucial in defending against any false allegations.
Communication and mediation are essential steps in resolving this issue. It might be helpful to involve neutral, respected elders or mediators from both sides to facilitate discussions. This could help in reducing hostility and reaching a mutual understanding. However, it is important to avoid direct confrontation with her uncle or any family member without mediation, as this may escalate the situation and lead to legal complications or physical altercations.
Preserving evidence is vital in this scenario. Keep all evidence of your relationship, including photos, messages, call records, and any documentation that can support your case if legal issues arise. If you visit her family or engage in discussions, consider recording these interactions (if legally permissible) to have evidence of your intentions and conduct. This documentation will be crucial in defending yourself if the situation escalates to legal proceedings.
Regarding the incident on 25-05-204, where her uncle tried to beat you and said bad words to your family, it is advisable to avoid direct confrontation. Directly confronting her uncle could lead to further escalation. Given the past violent reaction, it’s better to avoid this approach. If you feel defamed or threatened, discuss with your lawyer the possibility of sending a legal notice demanding an apology or even considering defamation charges if the situation warrants it. Instead of seeking an apology through confrontation, focus on resolving the main issue, which is the acceptance of your relationship or a peaceful mutual agreement.
From a legal perspective, several provisions can offer protection and recourse. Under the Indian Penal Code (IPC), sections such as Section 499/500 for defamation and Section 506 for criminal intimidation may be relevant if there are false accusations or threats against you. The Special Marriage Act, 1954, allows for inter-caste marriages with legal protection, which could be a viable option if you both decide to marry without family consent. Additionally, if your girlfriend faces harassment or coercion from her family, she can seek protection under the Protection of Women from Domestic Violence Act, 2005.
In conclusion, addressing this situation requires a combination of legal, communicative, and supportive measures. Seek advice from a qualified lawyer, involve neutral mediators, preserve all evidence, and ensure both you and your girlfriend receive the necessary psychological support. Prioritize safety and well-being in all actions you take, and focus on achieving a peaceful resolution while protecting your legal rights.
- You can file a complaint against her uncle for defaming and insulting you and your family
- Further, can also file a criminal defamation case against him