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Shreekant Prajapat
in Criminal Law Procedural Law
Asked January 06, 2018

Love affair with a girl under 18

  • 3 Answers
  • 249 Views

Sir,I am in more tension due the my future with my girlfriend. she is under 18 in documents. We love each other and want to live together.now we can't get married because she is under 18.and her family is not agree.and warning me that they will file a case against me that I am force to do to her all that.can there be any case file against me? Please tell me about all .and what can I do.

Answers 3

Minimum required age to marry under The Hindu Law according to Section 5 ( iii) of the Hindu Marriage Act, the bridegroom has to complete 21 years of age and the bride 18 years of age. Any marriage in contravention of this attracts simple imprisonment, which may extend to 15 days or fine, which may extend to Rs.1000/- or with both.

Please do understand that after marriage you entered in to new life and new situations. A life after Marriage is quite similar.  There are anxieties of getting into a new life, adjustments with your husband, meeting new people such as your spouse’s friends/relatives/family, few of them you would like and few, not. And that’s absolutely fine. You would have to make certain adjustments and design a new schedule for yourself keeping in mind the timings/preferences of your spouse. But gradually you will feel good about it as you create precious moments through the journey and when its the end, you will miss it the most. Marriage forces you to realize that most precious things in life are non materialistic.

If her parenst file a case then face it . Law can help you as a citizen who attain major. 

Agree Comment 0 Agrees 9 months ago
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Dear Querist as explained you are having an affair with a minor girl and her parents are threatening to file a false case against you. Since the girl has not attained the majority you have to wait till she is major and then proceed accordingly. The marraige with a minor is prohibited and punishable under the law, so it would be better that you stay calm till your girlfriend attains majority. Once you both are major, and girl still wants to stay with you, a decision can be taken accordingly. A better legal advise can be provided only after having a detailed discussion of your case.

Thanks & Regards,

Agree Comment 0 Agrees 9 months ago
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As the girl is under 18 years her parents are her legal guardians and if she leaves their custody without their permission they can file a case u/s 361 of IPC which talks about 'kidnapping from the lawful guardianship'. However, this case will stand in the court of law if they are able to prove that the minor girl left the custody of her parents under undue influence or inducement. But if she leave their custody with is own will it cannot be termed as if she was 'taken away' or 'entinced' to do so. This was held in the case of S. Vardarajan v. State of Madras. 

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