quesMarriage 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?

  • Planning to Divorce? Marriage Counselling can help

    Consult Now
    • ans

      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:

      Section 9, 

      Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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. 


    • ansFirst of all will have to the see the FIR and also the marriage certificate by arya samaj

      Advocate Nitin Bhandari

        Tonk Road, Jaipur

    • File For Mutual Divorce With Expert Lawyers
      Know More

      Click here to see all Divorce Legal Services
    • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
    • Related Articles

    Consult best Divorce lawyers in India

    Similar questions

    I hav cheated my husband 3 yrs a go.... on dat base he is giving…

    As my friend has married before 4 yrs but her married life is not proper…
    my wife run away at midnight with somebody now she came after 9 months and…
    I was living with my parents for last 7 months however was asking continuously to…

    Divorce Lawyers in India

    Advocate Arjun Vinod Bobde

      Supreme Court of India
     Experience: 16 years

    Advocate Prashant Mendiratta

      Lajpat Nagar 4
     Experience: 24 years

    Advocate Vara Prasada Rao Tangrda

     Experience: 17 years

    Advocate Prabhjit Jauhar

      Connaught Place
     Experience: 20 years

    View all >>