Forced marriage and run away

Situation : What are the legal consequences if I run away from home. I am being forced into marriage but I dont want to trouble my family legally. I have a boyfriend and I fear he might be penalised legally. What should I do to avoid all and still run away?
Related Topics : Family Law
Lawyers answer this question

Advocate Justice Kishan Dutt Kalaskar

Bangalore 
For More Details Contact On +91 7769012300.
A:

Dear Madam,

No consequences as per SC judgment. Please call me. The relevant cases are as follows.

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Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court

An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with.

The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year.
 

The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband.

In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father.

But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults.

"Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said.

The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005.

"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices.

"The courts cannot, as long as the choice remains, assume the role of parens patriae (a Latin term that literally translates to parent of the nation)," the judges said. In legalese, it is the doctrine that grants the state its power to protect people who are legally unable to act on their own behalf. Like minors.

It also cited the Hadiya verdict that concluded the court could not assume the "role of a super guardian" for adults.
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Nobody has right to interfere if two adults get married, says Supreme Court

NEW DELHI: No one, either individually or collectively, has the right to interfere in a marriage between two consenting adults, a Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra said on Monday.

The bench sternly told khap panchayats not to assume the role of conscience keepers of society and said courts would go by the law and not tradition and 'gotra' considerations to determine the legality of a marriage.

Senior advocate Narender Hooda, appearing for some khap panchayats, said khaps encouraged inter-caste and inter-faith marriages as they had permitted Haryanvi men to marry women from other states given the skewed sex ratio in the state.

https://timesofindia.indiatimes.com/india/nobody-has-right-to-interfere-if-two-adults-get-married-says-supreme-court/articleshow/62796304.cms

 

 

Solemnization of Marriage under Special Marriage Act

The purpose of this Government Order is to ensure that the defined process of service delivery for the Solemnization of Marriage under Special Marriage

Act is followed. This would facilitate the electronic delivery of services through the instructions and guidelines as described in the following sections of the

Government order. The important components of service delivery process is being listed below –

1. Process for Registering service request for Solemnization of Marriage under Special Marriage Act

The request related to Solemnization of Marriage under Special Marriage Act can be accepted at the Common Services Centre established under

Government of India 100000 Common Service Centre (CSC) scheme under NeGP and Suwidha centers operational in the state or any other

arrangement made by Government for accepting the request, without discretion of any kind. The Government Official should now onwards accept the

service requests through electronic channel only. The applicant has option to submit a service request through any of the below mentioned procedures:

http://edistrict.punjabgovt.gov.in/EDA/Downloads/Solemnization%20of%20Marriage%20_%20Govt%20orders%201.1.pdf

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The top court initially ordered a probe by the National Investigation Agency into the marriage but later came around to acknowledging the couple's right to decide their present, and

 

18 user found this answer helpful

Advocate Priyanka Chopade

Nagpur, Nagpur
For More Details Contact On +91 7769012300.
A: Dear Client, I had go through your question and found that its very necessary to make you understand that as per the Honorable Supreme Court No one had right to interfere in a marriage between two consenting adults. But you need to take care of few pointer apart from Age factor, so its better to have one to one interaction. you can call us on above said number for more details..
13 user found this answer helpful

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