Soulmate Gem
Soulmate Gem
Photo: Muhammad-taha Ibrahim
Forced Marriage is voidable as per Hindu Law. If the complaining party does not give explicit consent for the marriage, a court can void it, even under Hindu Law.
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Read More »Even though we say that India is progressing towards a better tomorrow, forced marriage still plagues many Indian families and society as a whole. However, if you’re forced into a marriage against your will, you have legal options available for assistance. When men cross the age of 30, they are not questioned or forced to get married. However, when a girl crosses the mere age of 25, she is emotionally blackmailed and forced into a marriage. This is not just the case with adult women in India. Even with all the laws in India prohibiting child marriage, young girls below the age of 18 are forced into marriage. It is high time that women learn about their rights and legal options available to them against forced marriages. Here are a few things everyone should know about Forced Marriage: 1. When one or both spouses don’t consent to marriage, it is forced. A forced marriage occurs when one or both spouses do not consent to the marriage and duress is involved. Children and at-risk adults (those with developmental disabilities) cannot consent to marriage. Girls under the age of 18 and boys under the age of 21 cannot legally marry in India. You might be forced into marriage by the use of coercion, guilt, threats, blackmail, harassment, financial pressure, emotional pressure, physical violence, psychological duress, or you might even be tricked into getting married.
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Read More »Civil laws applicable to all communities—relevant in the context of forced marriage—include the Prohibition of Child Marriage Act, 2006 (PCMA); the Guardians and Wards Act, 1890 (G&WA); the Majority Act, 1875; the Family Courts Act, 1984 (FCA); and the Family Courts Rules as laid down in various states, as well as the recent Protection of Women from Domestic Violence Act, 2005 (PWDVA). One can use the PWDVA to prevent child marriages/forced marriages of daughters, as the Act understands forced marriage as a form of domestic violence (Section 3(a) PWDVA).
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Read More »You can file a complaint for domestic violence under the PWDV Act against any relatives, wherein the Magistrate can pass an ad interim order restraining the respondents from forced marriage. He/she may even give directions to the SHO of the local police station for providing complete protection to the woman in distress (you) and prevent your forced marriage. You can contact the National Commission for Women and lodge a complaint with them. Their website has detailed information about how they deal with complaints. They operate nation-wide. Forcibly marrying someone is illegal as per Indian Laws. If somebody is forcing you to marry, they are violating your Right to Life and Human Rights under Article 16 of the Human Rights Convention. To restore your Right, you need to connect with a lawyer, who will guide you about how to deal with such situations legally. Contact Legistify on our helpline number, or visit us online. They are a group that protects and helps young Indian couples marrying and/or escaping from forced marriage. If it is an emergency, you can contact them directly on their website or via email.
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