Legal advice
3 weeks ago
My girlfriend and I have been in a relationship for the last 7 years. We both want to get married. For this very reason, she took me to her home to meet her parents. But they violently opposed the marriage and threw me out of their house. Since then, she has been confined to her house. Her phone has also been snatched. She had to resign from her job as well. She can neither go out nor call anyone for help.
After almost 2 weeks, I got a text from her on Instagram. She was using her sister's phone. She told me she has been beaten brutally by her father because she is not giving her consent to marry someone else. She begged me to get her out of there or she will die but she won't marry anyone else.
To protect her, I filed a complaint with NCW who directed the complaint to the police station of our area. I had complained against her parents regarding the right to exercise choice of marriage, the right to freedom and domestic violence. When I told her of the complaint, she said she is afraid that if any police come to her house to inquire, her parents may bribe and send them away. Then again she will be beaten brutally. So when the SHO of our area called me, I took the complaint back saying I was angry when they refused to let me marry her and in my anger I filed the complaint.
To escape from her parents and marry me, she wants to run away somewhere. But she is scared that if she takes such a step, her parents may file an FIR against me.
She has recorded a video of her where she is giving consent to marry me. In the video, she has also expressed the desire to not live with her parents and marry me. In the video, she has also explained about all the violence she has faced and she has also explained that it is her own will and no one is forcing her to take such steps.
I also have all the texts which she has sent me. My only concern is if her parents file a complaint against me, will these texts and videos save me from the arrest.
She will not be able to come immediately after the complaint since she is planning to go to a different state. She will be able to talk on the phone or on video calls to the police. So are these videos and texts sufficient to save me from the arrest or any police action?
You and your girlfriend are legally eligible to get married upon attaining the age of majority (i.e. 21 years and 18 years respectively). No persons, including your parents can restrain you from getting married. If your girlfriend is still experiencing mental and physical harassment from her parents, then she can file a compliant under Section 12 of Domestic Violence Act, 2005. If she is unable to do it, then a Protection Officer or any person on her behalf can seek relief for the same. Further, you can seek protection from police officer of the local station and get married legally. In case, your girlfriend's parents initiates legal action against you, then you can produce all the evidences in that regard and fight the case on merits to prove your innocence. If two individuals of legal age get married with their free consent, then the police officers cannot take any actions against such individuals. If required you can consult an advocate for any assistance.
Hope this helps.
Thank you.
If both of you and your fiance reach the marriageable age as required under the Hindu Marriage Act, 1955, nobody can force or prevent you from the marriage if other conditions of a valid marriage are met as required under the Act. When your girlfriend is experiencing such type of continuous threat to her safety and security including mental and physical harassment in-house, she can get in touch with a social worker or NGO who renders dedicated service to help her out of the crisis. She has the right to file a complaint against her father/family if they subjected her to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. An aggrieved woman, a Protection Officer, or any other person on behalf of the aggrieved woman may apply directly to the Magistrate seeking one or more reliefs under this Act. You also made a blunder by withdrawing the complaint made to NCW based on the misconception and lost a chance of resolving the crisis because when a direction of inquiry or investigation made by NCW on receipt of a complaint of domestic violence from a woman the higher police authority takes special attention to keep the investigation corruption free and to protect the victim in distress. Such an investigation and its report is crucial to strengthen the case of the victim. As regards your apprehension of legal action from the parents of your girlfriend, it is advisable to keep yourself ready with all the evidence or documents to face the consequences and prove your innocence as advised by your legal counsel.
You seems to be attained age of majority as such without further discussions and further consultations go to any nearest Police Station and ask them to protect both of you and get marry legally.
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