Marriage Marriage

5 years ago

My brother is fall in love. She also loving him. Both are very strong in love. Both are major. But her father is not accepted this love. Because of caste. My brother is BC. She is MBC. But caste is no problem to us. We want to marry that girl only. She is very strong in love.but now that girl is having her father custody what we can do? Having any llegal option to this marriage

Shreyash Mohta

Responded 5 years ago

A.Respected Sir, as per your query,
You can

1. File a writ petition in the high court for the release of her custody from her father and then the court can set her free as such illegal custody or detention is against the fundamental rights enshrined in the constitution of India. ALSO,

2. As both of them are Major, they can go to a marriage registrar and get married lawfully [if in case the parents are not allowing them to get married]


Hope this helped

Shreyash Mohta
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Dear Sir,
Ger marry as per Arya Samaj Customs
http://aryasamajbangalore.in/contact-us/

Arya Samaj in India
• Arya Samaj Jamnagar
• Arya Samaj Gandhidham, Gujarat, India
• Arya Samaj Jamnagar, India
• http://www.aryayuvakparished.com/
• http://www.tankara.com/
• http://www.paropkarini.org/
No.15, Swamy Shraddhanada Bhavana,
Swamy Shraddhanada Bhavana Road,
Visvesvarapuram, Bangalore – 560004
Phone: +(91)-(80)-26626380 | 26626381
The Brillient School,Behind Reliance Fresh,
I.T.P.L.Road, Kundanahalli,
Bangalore, Karnataka 560037, India
Phone:+91 93 42 254131
Email ID: aryasama

Eligibility & Document Requirement
Arya Marriage Center
Office Address
Bhoja Market, Sec-27,
Noida
=======================
Branch Office
Tilpata, Greater Noida,

Opp- Denso India ltd.
Greater Noida
Contact Person: Arvind Shastri
Mobile Number: +91-9899178303
E-mail: [email protected]

http://www.marriagearyasamaj.com/arya-samaj-mandir-in-banglore.html
Eligibility (Boys should be above 21 years and girls above 18 year)
Affidavit (Voter I.card, Driving Licence, Matriculation Certificate,) one of these
Age Proof (Voter I.card, Driving Licence, Matriculation Certificate,) one of these
Residence Proof ((Voter I.card, Driving Licence, Matriculation Certificate, Passport) (one of these)
Witness Two Witness With Voter I.card, Driving Licence, Passport,2 Passport size photo (one of these)
Photograph (7-7 Passport size photo ) Boys & Girl both
Divorced If any party is divorcee – Certified copy of Decree of Divorce granted by the Court
Death Certificate If any party is widow / widower – Death Certificate of the dead spouse
Other Country No Impediment Certificate / NOC from concerned Embassy and Valid VISA. Required for Only Other Country Marriage
Things Mangalshutra, 2-Jaimala, 2kg Sweets

Arya Samaj Validation Act 1937
The Arya Samaj marriage derives its validity from Arya Samaj validation act 1937 with provisions of Hindu Marriage Act, 1955. Hindu Marriage applies equally to Arya Samaj. Since Arya Samaj does not believe in Idol worship the ceremonies conducted in a marriage is different for that of Hindu Marriage.
Eligibility for Arya Samaj Marriage
As mentioned above an Arya Samaj marriage must be compatible with The Hindu Marriage Act 1955, therefore for a person to be eligible for Arya Samaj marriage he/she should fulfil all the condition has been mentioned under section 5 of The Hindu Marriage Act 1955:-
(a) Age of boy should be at least 21 years and of a girl should be 18 years.
(b) Any person who is Hindus, Buddhists, Jains, Sikhs can perform Arya Samaj Marriage.
(c) And also any person who is not Muslim, Christian, Jew or Parsi also can get married
(d) If a non-Hindu couple wants to get married then they should get converted by performing the ritual called Shuddhi.
Registration of Arya Samaj Marriage
An Arya Samaj marriage can be registered under section 8 of the Hindu Marriage Act 1955; as such it puts the responsibility on the State Government to make the respective law for registration of a marriage and at the same time places emphasis that the non-registration of marriage isn’t going to invalidate the marriage. However, it is advised to register marriage as per Supreme Court order to avoid any future dispute.
Gwalior Bench of Madhya Pradesh High Court on Tuesday set aside a slew of directions passed by the Single Judge of the Court, on the procedure to be followed when a couple opts to marry through the Arya Samaj. These included making it the responsibility of the management of the Arya Samaj Mandir to issue notice to the parents of the couple, invite objections, verify their age and residential address, and maintain documentation and visuals of the entire process.


The directions were passed in October last year, and were now challenged by a bunch of Petitions filed by various branches of the Arya Samaj. The Petitioners had contended that the Court could not have issued the directions as internal rules have already been framed by Arya Samaj authorities. They had further contended that the Judge could not have issued such directions on a habeas corpus Petition, and that the High Court is not permitted to create such laws....

rules have already been framed by Arya Samaj authorities. They had further contended that the Judge could not have issued such directions on a habeas corpus Petition, and that the High Court is not permitted to create such laws.
https://www.livelaw.in/mp-hc-sets-aside-single-bench-directions-marriage-arya-samaj-mandir-management/
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Randheer Bahadur

Responded 5 years ago

A.Dear Client, You can file a writ petition in the high court for her release from custody of her father and high court can set her free as it is the fundamental right of every citizen to be free and also marry as per his/her choice.
Regards.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Johnson Thangiah

Responded 5 years ago

A.Sir
You can perform marriage with your religious tradition and register it before marriage authorities.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconSapinda relationship
Dear Client, Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
question iconIs any legal obligation for me to share the property within my brothers and sister
Dear Client, All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
question iconMy parents trying to control my life they want to control me like papate.
Dear Sir/Madam If you have attained age of majority then you may stay away from your parents with your independent income and intimate them by issuing a legal notice.
question iconMoney fraud done by brother
Dear Client, In the given situation, when you are an independent working woman, nothing can prevent or restrict you from walking out of your home to look for the destiny of your choice. You have the...
question iconInquiry Regarding Maintainability of GWOP Case
Dear Madam GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory