Girls family is not agreed with our marrige and threatened us.. we both are adult and able to take our decisions .. what to do now?

Advocate By LEAD INDIA Answered: 18 Jul 2022

In India the right to marriage is a legally binding shape of agreement and is even acknowledged as a essential proper of all of us under the umbrella of ‘right to life’ as envisaged under Article 21 of the constitution. hence, forcibly being made to enter into a marriage is a clean violation of this fundamental right and the Indian legislature has installed place statutes and provisions to ensure this proper isn’t breached and that there may be enough recourse in law for the sufferers of compelled marriages.

This endeavour is similarly fortified by using the fact that Article 23 of the global Covenant on Civil and Political Rights, 1996 also recognises the right of all of us to marry in their preference and states that no marriage shall be entered into with out the free and complete consent of either spouse.

The Indian Penal Code, 1860 being the legitimate criminal code of India, comprehensively covers all important sides of criminal law and expressly makes pressured marriages a penal offence punishable under its provisions. section 366 of the code visibly states that whoever kidnaps/abducts any girl with the reason that she may be pressured or knowing that she can be forced to either get married or compelled/seduced to have illicit intercourse shall be punished with imprisonment of up to 10 years and fine.

Due to the fact law recognises marriage as a contract, recourse is likewise available below the Indian contract Act, 1872. section 15 of the Indian contract Act defines the term coercion, even as section 2 (i) relates to voidable contracts.

Voidable contracts are the ones which can be basically only legitimate so long as the one of the parties or each do now not decide to render it void because of an inherent defect which includes being entered into via coercion and absence of free consent of one of the events. therefore, pressured marriage is taken into consideration a voidable contract in law and someone pressured into marriage has the right to render such marriage null and void at his/her choice due to the lack of unfastened consent and coercion. similarly to the above recourse, the provisions of the safety of ladies from domestic Violence Act, 2005 additionally deem forced marriages as a shape of abuse punishable in law.

Therefore, any woman compelled into marriage in opposition to her will can provoke criminal court cases in opposition to her husband and his circle of relatives individuals in a court of regulation and method the police government. in addition, legislations together with The Prohibition of child Marriage Act, 2006, The mother or father and Wards Act, 1890, the majority Act, 1875 together with The family Courts Act, 1984 are also civil statues which come to the resource of victims of pressured marriages. these statutes make certain a prison system which endeavours to put in force the rights of ladies forced into marriage and convey the perpetrators of this social evil to justice.