Harit Kothari
Asked November 23, 2016

Being Forced by family against marriage

  • 1 Answer
  • 891 Views

Main or meri gf shadi kerna chate hai bt uske ghar wale agree nh hai or us girl ko maar pit kr dadi ke yeha chod diya ab hum kya kere plz reply

Answer 1

 

Your best option would be to try and solve the issue amicably, with both your as well as her parents.

We are assuming the girl is an adult, and not a minor.

 

Your legal options are to approach the High Court under Article 226 (Writ of Habeas Corpus) to free your girlfriend from confinement.

The Kerala High Court has held[1] that:

“A person who has attained majority, is in the eye of law, a person and a citizen entitled to all rights and privileges under the Constitution. There can be no question of an adult major woman being kept in the "custody" of anyone else against her wishes, desire and volition. Even if it be the parents, such custody cannot in the absence of better reasons be justified.”

The court has said that “The parental authority may extend to advice, counsel and guidance. But certainly, it cannot extend to confinement, detention or improper restraint against the wishes and volition of the adult major daughter.” That is, an adult woman is free to take her own decisions and parents cannot confine their adult children to force them to decide according to the parents’ wishes.

The Delhi High Court in Vishal Yadav v. State Of U.P has said the right to choose one’s life partner is a fundamental right, it is an integral part of the right to life (Article 21 of the Constitution).[2]

So, if your girlfriend has attained majority, you can take up this option.

 

However, there have also been instances where the judges are not very supportive of this idea of giving complete independence to a person after adulthood. For instance, a division bench of the Kerala High Court dismissed such a petition in 2014.[3] So this will depend on the mentality of the bench/judge whom you approach. But a shift in ideology is being seen and there is hope that the Court might hear you out and rule in your favour.

 

 

[1] Rajmohan M.S vs State Of Kerala, Available at https://indiankanoon.org/doc/515602/

[2] Crl.A.Nos.741, 910/2008 & 145/2012, 2nd April, 2014

[3] Dr. Parameswar Lal Vs. N.N. Ullas and Ors. (2014 (1)KLT 937)

 

Agree Comment 0 Agrees almost 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.