Forced Minor Marriage Annulment & Mahila Thana Counter-Complaint Case

753 votes

Based on the facts shared by you, mere attendance at the Women Police Station does not mean that you or your parents will be arrested. If no FIR has been registered, the police generally conduct an inquiry and hear both sides before taking any further action. You should cooperate with the inquiry and carry all available evidence, including messages, call recordings, screenshots, or any material showing coercion, threats, blackmail, or the alleged demand of ₹15 lakh. The fact that you have already filed a petition for annulment indicates that a matrimonial dispute is pending before the Court. Whether the marriage was entered into under pressure or coercion is a matter of evidence and will ultimately be decided by the Court. At present, there is no automatic risk of arrest solely because you have been called to the Women Police Station for inquiry.

Advocate Nikhil Karwal LawRato

748 votes

It is critical that you and your parents secure legal representation immediately. You cannot be arrested just for a complaint at a women's police station. Police must investigate and file a formal FIR before taking custody; however, having a lawyer present is vital to protect you and your parents from intimidation or illegal detention. Gather all proof of blackmail (call recordings, messages, emails). Your lawyer can file an anticipatory bail in the sessions court if you fear a false FIR. A marriage requires free consent. You can establish that the marriage was forced by utilizing evidence under the Prohibition of Child Marriage Act (PCMA), if you were 18, you were a minor (the legal age for a groom is 21). This makes the marriage voidable, and depending on when you were legally 18, it may be deemed a child marriage. The fact that the baraat and consummation happened does not invalidate your claim of coercion. Any threats of suicide, violence, or false imprisonment used against you or your family to force you to participate can be proven via witness testimonies, distress calls made at the time, or immediate family members' accounts.

Advocate Samriddhi Tripathi LawRato

646 votes

If the behaviour of your partner is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal and if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.

Advocate Jitender Singh LawRato

874 votes

Based on the facts stated by you, mere attendance at the Women Police Station pursuant to a complaint does not automatically mean that you or your parents will be arrested. Arrest can only be made if a cognizable offence is disclosed and the police find grounds to do so in accordance with law. You should cooperate with the inquiry, remain calm, and preferably attend with a local advocate. As regards your plea that the marriage was performed under pressure, the burden will be on you to establish coercion or lack of free consent through evidence. Relevant evidence may include messages, emails, call recordings, witnesses who were aware of the pressure exerted upon you, complaints made by you to any person at or around the time of marriage, medical or psychological records, or any other contemporaneous material showing that your consent was not voluntary. However, the fact that a regular marriage ceremony was performed, a baraat was taken from your home, and the marriage was subsequently consummated may be relied upon by the opposite side to contend that the marriage was voluntary. If the girl's father has demanded ₹15 lakhs and threatened criminal action unless the amount is paid, preserve all messages, call recordings, bank transaction requests, and other evidence of such demands, as the same may be relevant to establish coercion, intimidation, or an attempt at extortion. Since annulment proceedings are already pending, you should immediately inform your advocate about the police complaint and provide him with all documents relating to the marriage, your age at the time of marriage, the annulment petition, and any evidence of threats or blackmail. The exact legal consequences will depend upon the allegations made in the complaint, which should be carefully examined before any further advice can be given. Disclaimer: The answer will depend on the specific allegations in the police complaint and the applicable facts. The complainant's version has not been tested, and no conclusion can be drawn without examining the complaint and relevant documents.

Advocate Prasanna Mohan LawRato

835 votes

Based on the facts stated, mere attendance at the Women Police Station does not automatically mean that you or your parents will be arrested. First ascertain the nature of the complaint filed. If no FIR has been registered and it is only a counselling/inquiry proceeding, cooperate and attend with a lawyer if possible. Your plea of force/coercion may be difficult to establish if the marriage was performed publicly, with your participation, and was subsequently consummated. However, any evidence of threats, pressure, messages, witnesses, or recordings supporting your case should be preserved and produced before the Court. If the girl's father demanded ₹15 lakh and threatened criminal action, preserve all proof and consider initiating appropriate legal proceedings for criminal intimidation/extortion.

Advocate Abdullah Akhtar LawRato