keer1207@gmail.com
in Human Rights Law
Asked December 19, 2015

Inter-caste marriage, father denies?

  • 1 Answer
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Hello, am 27yr old working in a central govt organization, I love a colleague who is an ST, I got no objections/differences from any of my relatives, boys parents or office seniors but my father is against it and is dead strong to go to any extent to stop me. What help can I get from law? To help myself get married to one I love. I need protection to myself, my lover and to my mom also coz dad acts like pyscho and might go violent

Answer 1

Default avatar
Gabriella Ruhil
As an adult, you can legally marry anyone you want and your father’s objection on this matter cannot stop you from marrying the man. From the situation described by you it is evident that you are worried about the well-being of your mother and your lover. To prevent your father from harming your mother or you, you may apply for the Protection Order[1] under the Protection of Women from Domestic Violence Act 2005 (or Domestic Violence Act). In your application for the order you can ask the court to forbid your father from employing any kind of violence against you and your mother. Through this order the court can pass orders to stop any act of violence or any form of harassment or any financial hardship imposed by the perpetrator. In addition to this, your mother can apply for a Residence Order and a Maintenance Order.[2] A residence order may be passed by the court in cases where the woman apprehends being thrown out of the house.[3] Further in a situation where a woman does not feel safe living with the male perpetrator of violence, she can apply for an order seeking his removal from the shared household. Or else the court can direct the perpetrator to provide alternate accommodation for the woman. Therefore by employing the Protection Order and the Residence and Maintenance Order you and your mother can stop your father from harassing you or your mother. You or your mother can approach a Protection Officer[4] for filing the complaint under the Act or contact a NGO’s working in your area on the issue of domestic violence to facilitate the process. For the protection of your lover these provisions under the Domestic Violence Act cannot be employed as this Act is applicable only for people in a domestic relationship[5] who have lived in a shared household.[6]Your father and your lover have never lived in a shared household which means that no domestic relationship exists between them and therefore the Domestic Violence Act is not applicable. Therefore it is advisable that your lover files a complaint with police against your father for ‘criminal intimidation’[7] if your father has threatened him in any manner whatsoever. [1] Section 18 Protection of Women from Domestic Violence Act 2005 [2] Section 19 Protection of Women from Domestic Violence Act 2005 and Section 20 Protection of Women from Domestic Violence Act 2005 [3] Section 19 Protection of Women from Domestic Violence Act 2005 [4] For example list of PO in Delhi is available on :http://delhi.gov.in/wps/wcm/connect/doit_wcd/wcd/Home/Women+Empowerment/List+of+Protection+Officers [5] Section 2(f)] Protection of Women from Domestic Violence Act 2005 [6] Section 2(f) of the Protection of Women from Domestic Violence Act 2005 [7] Section 503 Indian Penal Code
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