Marriage done against parents wish. Now FIR filed against me. Remedy?
I did an inter-caste marriage. Both of us were above the age of 21 years at the time of marriage. We were married in an Arya Samaj Mandir, we also received a marriage certificate. The girl’s parents were against our marriage and are not letting us to stay together. Above that they have filed a false rape case against me. How can I get her back to my home? What can I do about FIR filed against me?
Assuming you are hindus,
You can file a petition under section 9 of the Hindu Marriage Act which deals with the restitution of conjugal rights.
Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:
Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Now regarding the FIR filed against you,
You can make an application under Section 482 of Cr.P.C that deals with quashing of FIR to the High Court.
As you are a husband of the girl then a rape case against you is not maintainable.
First of all will have to the see the FIR and also the marriage certificate by arya samaj
Advocate Nitin BhandariTonk Road, Jaipur
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