Domestic violence
3 years ago
My parents are forcing me for marriage and I can't take the mental torture at all. I tried to make them understand that I dont want to get married for the next 2-3 years atleast. But they forcefully made me resign from my job also. Even if I said that I'm ok to get married just let me continue my job, but they don't want me to the job also. The only thing they want is me getting married with the guy they choose for me.
A.Hi,
It is a well known fact in the legal purview that a forced marriage is a violation of human rights and also a gender violence. The article 21 of the Indian constitution provides right to life and personal liberty are guaranteed. This Article therefore provides the right to life which includes the right to consensual marriage in India.
As per the law of India, the validity of the marriage arises only when both the parities gives free consent to marriage. In any contrary case, it is treated as nulled and void marriage.
The Judiciary provided the women to file complaint against her own family or relatives or whoever is forcing her into marriage under section 366 of Indian Penal Code which provides that inducing a women to compel her marriage is an offence.
Force marriage also amounts to coercion as defined under section 15 of the Indian contract Act 1872.
Article 23 of the International Covenant on Civil and Political Rights 1966.
If you like my answer, please give a positive rating.
It is a well known fact in the legal purview that a forced marriage is a violation of human rights and also a gender violence. The article 21 of the Indian constitution provides right to life and personal liberty are guaranteed. This Article therefore provides the right to life which includes the right to consensual marriage in India.
As per the law of India, the validity of the marriage arises only when both the parities gives free consent to marriage. In any contrary case, it is treated as nulled and void marriage.
The Judiciary provided the women to file complaint against her own family or relatives or whoever is forcing her into marriage under section 366 of Indian Penal Code which provides that inducing a women to compel her marriage is an offence.
Force marriage also amounts to coercion as defined under section 15 of the Indian contract Act 1872.
Article 23 of the International Covenant on Civil and Political Rights 1966.
If you like my answer, please give a positive rating.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
A force marriage is a violation of human rights and also a gender violence. Article 16 of UDHR also states that marriage shall be entered into only with the free and full consent of the intending spouses. Right to life and personal liberty guaranteed under 21 of the Indian constitution also states that no person shall be deprived of his life and personal liberty and Article 21 also guarantees right to freedom which also consists a right to give free consent also the Article 21 of the Indian constitution states that right to life includes the right to consensual marriage in India.
The law says the validity of the marriage is only when both the parities gives free consent to marriage otherwise it is treated as nullity of the marriage. Judiciary also gives authority to the women to file complaint against her own family or relatives or whoever is forcing her into marriage. Inducing women to compel her marriage also attracts the section 366 of Indian Penal Code.
If you like my answer, please give a positive rating.
A force marriage is a violation of human rights and also a gender violence. Article 16 of UDHR also states that marriage shall be entered into only with the free and full consent of the intending spouses. Right to life and personal liberty guaranteed under 21 of the Indian constitution also states that no person shall be deprived of his life and personal liberty and Article 21 also guarantees right to freedom which also consists a right to give free consent also the Article 21 of the Indian constitution states that right to life includes the right to consensual marriage in India.
The law says the validity of the marriage is only when both the parities gives free consent to marriage otherwise it is treated as nullity of the marriage. Judiciary also gives authority to the women to file complaint against her own family or relatives or whoever is forcing her into marriage. Inducing women to compel her marriage also attracts the section 366 of Indian Penal Code.
If you like my answer, please give a positive rating.
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A.Hi,
If you attained the age of majority then you can take a decision on your own. Alternatively, if your parents are physically harassing you then you can file a complaint with the police or any child welfare committee in your area.
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If you attained the age of majority then you can take a decision on your own. Alternatively, if your parents are physically harassing you then you can file a complaint with the police or any child welfare committee in your area.
If you found this helpful do rate us.
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