Advocate Upkar Singh

Questions Answered by Advocate Upkar Singh

Q: 15 year old married by his father forcefully how can I help her

My student got married whose agr is 15 years. her father did this with her force fully I want to help her how can I help her I don't have any proof in return so what can I do ?????

Advocate Upkar Singh answered
She should contact the Women Cell of the Local Police of the city lodging a written complaint against her own parents for forcing her for the marriage for which she is not given her free consent without undue influence or force. even she can also file a case of domestic violence under the PWDV Act against her parents, brothers, other relatives wherein the Magistrate can pass ad interim order restraining the respondents from forced marriage, even give directions to the SHO of local Police station for providing complete protection to the woman in distress and prevent her forced marriage.You can contact the National Commission for Women and lodge a complaint with them. They have information on their website regarding how complaints are dealt with in detail. They operate nation-wide.You can lodge a complaint at the National Commission for Women > Online complaints > Register Complaint > Online Complaint Registration.

Q: Is Marriage between first cousins legal in India as per Hindu Laws

My friend is married to his cousin sister (mama ji ki beti). They never lived together after their marriage in 2014 and now he wants to divorce her but she is not agreeing to sign papers. Is it even legal in india? Will be considered a valid marriage? Pls help.

Advocate Upkar Singh answered
MUMBAI: The Bombay high court on Monday rejected one Harmant Singh's plea that his "wife" Hardeep, who is also his first cousin, be allowed to live with him. The Hindu Marriage Act disallows marriage between first cousins."If the request was to be considered, it would be putting a seal of approval on a relationship which isn't permitted in law," said a division bench of Justice A M Khanwilkar and Justice U D Salvi. The judges allowed Hardeep to go with her parents. "She is an adult and free to take her own decisions," said the judges, adding that Hardeep could decide her plans in consultation with her parents.Harmant's lawyer made repeated pleas the court ask Hardeep with whom she wished to go. The judges, however, pointed out that "the law doesn't permit you and her to stay together."Additional public prosecutor Ajay Gadkari told the court that in a habeas corpus proceeding the scope was limited to producing the person concerned before the court and that they had brought Hardeep from Amritsar.Section 5 of the Hindu Marriage Act bans, among other things, marriage between a brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters. The marriage is void, unless the custom of the community permits it.Harmant, who claimed to be a marine officer, said he had met Hardeep in Amritsar. They married at an Arya Samaj temple in Mumbai in January 2009. Nine months later, her family called her home on the pretext that her father was sick. Subsequently, he wasn't allowed to meet her. Harmant, admitted that she was his first cousin, and under the law the marriage was void.