We both are in love and want to do court marriage. We don’t have any problem from my side, but From her side, their parents do not agree. So we decided to get married through court marriage. We want to get married through court marriage, but without sending a notice to her home so please advise what should we do in that situation.
You can get court marriage under the Special Marriage Act. According to section 12, the wedding may solemnise at the office of marriage officer or any other place. Marriage must perform in the presence of at least three witnesses.
Section 4 prescribes some conditions for a valid marriage. Fulfilment of those conditions is necessary for the registration of marriage. The requirements for court marriage are:
- Parties must not come under the prohibited relationship like brother or sister etc.
- They must be able to give a valid consent
- Not suffering from a mental disorder
- The bride should be above 18 years and bridegroom should be 21 years of age.
- They not subject to recurrent attacks of insanity
You should not worry about the notice if you fulfil the above conditions. The parents can file objections on any ground mentioned in section 4. If they have objection against the marriage other than section 4, then it will not sustain.
When the marriage officer sends a notice under section 5, your parents will have no valid objection against your marriage. The marriage officer will issue a marriage certificate under section 13.
If parents object that it is inter-religious or an inter-caste marriage, this object will not sustain. An inter-caste marriage is a valid marriage.
Consent of parents is not necessary if parties are major or adult. Hence, they cannot say that marriage is aginst their wish or consent. Right to choose a life partner is a fundamental right.
Notice
Section 5 provides that the marriage officer should send a notice upon the address of parties. When parties are residing at a place for more than thirty days, then the notice will post on that address.
A permanent address is not necessary under section 5. Therefore, you can give your temporary address for service of notice. If you think that your parents can take any unlawful step, then you can take police protection.
The marriage will perform in the presence of three witnesses. Section 11 requires a declaration from those witnesses. Upon receiving the declaration, the Marriage Officer will enter the marriage in the Marriage Certificate Book. After that, he will issue a marriage certificate under section13.
If you both are Hindu, no need to go with the Special Marriage Act, solemnise your marriage in a temple and register it before the marriage registrar. You must fulfil the conditions given in the Hindu Marriage Act.
I want to solemnise my marriage under police protection, and I also wish to register a complaint against my father. He is threatening me because I am solemnizing marriage against his will. Could I get police protection for my marriage?
You can seek police protection if your father threatens for solemnising marriage against his will. Every adult person has the right to choose his life partner. The Supreme Court also affirmed that right as a fundamental right in Shakti Vahini vs Union of India (2018) 7 SCC 192.
The Court held that an adult person has a fundamental right to choose his life partner. According to section 5 of the Hindu Marriage Act, person can solemnise marriage with their consent. Consent of parents is not necessary for the marriage. Even the parents cannot impose their choice upon him. If parents are dictating like a “Khap Panchayat” then you can seek legal recourse.
Hence, you have adequate legal protection against your father’s threats. You can avail police protection for marriage. The act of threatening to inflict an injury is a crime under the Indian Penal Code.
His act is punishable under section 504/506 of the IPC. In the same time, he is also violating a fundamental right cherished under Article 21 of the Constitution of India.
Solemnise your marriage
You can solemnise your marriage without the consent of your parents. The law prescribes a minimum age for the marriage. Section 5 of the Hindu Marriage Act fixes a minimum age for bride and bridegroom at the time of their marriage.
According to it, the bride should complete 18 years and bridegroom 21 years at the time of marriage. Along with age, they should also be capable of giving valid consent. An idiot and the lunatic person are not competent to give valid consent. Therefore, they cannot solemnise the marriage without the permission of parents.
In devoid of the above conditions, you can solemnise your marriage without the father’s permission.
Writ petition
Article 226 of the Constitution empowers the High Court to pass a suitable order or direction for the enforcement of a fundamental right. You can thus file a writ under Article 226 of the Constitution.
You can seek police protection from the High Court. In the writ petition under Article 226, you can adduce evidence of such threats. You should present before the Court along with your boyfriend. The Court may ask any question from him to ascertain his conviction.
The Court can call your father and direct him to not interfere in this matter. Besides such order, the Court can take a written undertaking from him. In the said undertaking, your father may swear that he will solemnise the marriage peacefully.
If the Court thinks that he may create any hurdle, then it may provide police protection. Therefore, your marriage may solemnise in police protection.
I am in a love with a girl and we are getting married married very soon. The girl's family are very supportive and they are happy with our marriage too. but problem is with my family. My parents and uncle had threatened me that if I will marry her they will going to spoil our life. Presently I am separated with my family. I need safety of my future family and want our marriage to be safe. So I request you to inform me that how can I take police protection on my marriage.
Question from: Madhya Pradesh
Police Protection for marriage
You should move a writ petition under Article 226 before the High Court for protection order. However, you can lodge a complaint against your parents and uncle for threatening. In Lata Singh vs State of U.P. the Supreme Court has held that parents cannot threaten if their child is solemnising marriage against their will. But, it should be good for you to not indulge in filing criminal cases against your family members.
You should move a writ petition before the High Court and pray for providing police protection during marriage. However, the court can direct the SHO to provide police protection even after the marriage if it finds that you have apparent threats.
My friend Amit asked for a favour from me. On 31st May he said that his friend Jaspreet needed 10000 urgent help. I transferred the money to Jaspreet account. When I asked for the money after a few days, Amit said that Jaspreet has given him the cash and ask me to collect the money. I waited, but Amit was never available at home. Now Amit never received my call or replied to my message so. I sent msg to Jaspreet telling her that never got the money.
Also asked her to transfer the money to my account. She denied. Moreover, said Amit is hospitalised. However, the fact is that Amit is fine, and I have solid proof of him going to work. Now I informed Jaspreet that as I transferred funds to her account, I will file FIR and police will contact her as well.
Now she is saying that she will file harassment against me and also informed me that she would pay my money by 3rd Aug. Amit never picks my call. Can they file any case against me but the fact is I am so only asking for my money. What is your advise, please?
In the above condition, you can file an FIR against both of them for the offence of cheating, extortion and criminal intimidation. Your friend Amit by a deceitful act took away money from you. His friend Jaspreet was also involved in this case as a conspirator.
They have committed the crime mentioned above, and both are equally liable for that. However, it is not clear who was in the necessity of money at that time. Whereas, the Jaspreet admitted through her conduct that she knew about the transaction of money. At the time when the Jaspreet made a false statement that Amit is hospitalised, her conduct proves that she was aware of the incident.
No doubt there was a conspiracy between the Amit and Jaspreet to take money from you with no intention to make repayment. If the person takes money with the intention to return, then he commits no offence. Because he had no dishonest intention at the time of taking of the money.
But when the person had a dishonest intention at the time of taking the money, he commits the offence of cheating. The cheating is a cognisable offence. Therefore, you can file FIR. However, the cheating is punishable with imprisonment up to 7 years, so the rule of limitation does not apply. Consequently, you can file FIR anytime without explaining the delay. It would be best if you wait until 3rd August.
The proof about the transaction of money is a good piece of evidence. You can use this evidence at the time of filing the FIR and also in the trial.
He is avoiding me by telling many reasons what’s my caste. I have spent huge money on him and given seven lakh fifty thousand rupees to him. Now he is ignoring me to marry. However, I want to marry him. Please suggest what should I do to get married to my boyfriend.
I understand that you are in a difficult situation regarding your boyfriend and the money you spent on him. It is important to note that as adults, both you and your boyfriend have the freedom to decide whether or not to get married, and no one can be forced into it.
Unfortunately, spending money on your boyfriend does not give you the right to compel him to marry you. Therefore, filing a complaint or FIR will not be effective in this situation.
However, if your boyfriend obtained the money from you through fraudulent means or false promises of marriage, he may have committed the crime of cheating under section 420 of the Indian Penal Code. In this case, you can file a FIR against him and collect evidence to prove that he obtained the money through deceitful means.
It is important to collect evidence such as proof of money transfer or any other evidence that shows that you spent the money for his benefit. Additionally, evidence of false promises of marriage can also be crucial in proving that your boyfriend had an intention to deceive you when he took money from you.
Such evidence can include text messages, emails, or any other form of communication in which he promised to marry you in exchange for the money. It can establish that you had a legitimate expectation that he would fulfill his promise of marriage and that he took advantage of this expectation to cheat you.
I have taken a loan from bajaj finseve. I gave three cheques for security purpose. I paid 18 EMI on time. From last few months, I was not able to pay EMI. They filed the cheque and deposited to the bank, which dishonoured due to insufficient balance.
Moreover, they filed a case against me. What will be the next procedure? The SI is calling me. I m not able to pay. What to do, kindly assist me.
If the Bajaj Finserv had accepted those cheques for the security purpose, therefore, Bajaj could not present in the bank for its encashment. The Security Check never issued in the discharge of debt or liability. According to Section 138 of the Negotiable Instrument Act, when the cheque issues for the discharge of debt or liability thereupon offence commits if the drawer does not honour the cheque.
Presumption of debt or liability
Under the Negotiable Instrument Act, the cheque is a valuable instrument. Therefore the law presumes that when a person issues a cheque, he wants to discharge his debt or liability. In order to give that effect section, 139 NI Act creates a presumption of debt and liability in favour of the holder of the cheque.
Upon perusal of the facts and circumstances of your case, it infers that you fell in debt at the time of issue of the cheque. Therefore, the burden of proof shifted upon you to prove that the cheque was a security cheque. In the absence of such proof, the court shall presume that it was not a security cheque.
In Indus Airways (P) Ltd. v. Magnum Aviation (P) Ltd., (2014) 12 SCC 539 the Supreme Court of India held that if there was no debt on liability at the time of issue of cheque then no criminal liability will arise under section 138 upon dishonour of that cheque.
Security cheque
Whether the cheque was a security cheque or not depends upon the nature of the transaction. If the transaction shows that the maker of cheque wanted to discharge his debt or liability, then he cannot withdraw from it at the subsequent stage [Balaji Seafoods Exports (India) Ltd. v. Mac Industries Ltd., (1999) 1 CTC 6 ].
If you have evidence to prove that the cheques were not issued in discharge of debt, then no criminal liability will arise under Section 138 of the Negotiable Instrument Act [Indus Airways (P) Ltd. v. Magnum Aviation (P) Ltd., (2014) 12 SCC 539]. However, it is not possible for you because you have admitted that you have taken a loan from the Bajaj Finserv. When you failed to pay the EMI after that Bajaj presented them for encashment. There was indeed some financial liability upon you. Therefore, the bajaj finserv rightly given in the discharge of responsibility.
It would be right for you to contact the Bajaj for settlement of the debt. If the Bajaj Finserv agrees, then you should prepare a settlement deed. You may produce that settlement deed before the court and seek some more time. The Bajaj will compound the case after receiving the whole due amount.
Complaint case
It is a complaint case. Therefore, sub-inspector has no power to investigate this offence. If the sub-inspector calls you, make a complaint to the superintendent of police against him. According to Section 142 of the negotiable instrument, the judicial magistrate of the first class of the metropolitan magistrate has the power to take cognisance. No FIR needed for an offence committed under section 138 of the Negotiable Instrument Act.
Can an order be passed to register FIR under section 156 if the case was filed under CRPC 200? I filed a complaint under section 200 of the code after my procedure but later on and another victim moved an application under section 156(3) CrPC for the direction of the investigation. The judicial magistrate had directed the police officer to investigate and report the matter on next hearing.
The next hearing of the case is 6 August 2019. Upon receiving the order of the magistrate, the investigating officer initiated another investigation. I think another victim has filed that application with the motive to delay the investigation and cause irreparable loss to me. Is there any option to take appropriate action against the order of the magistrate?
Sub-section 3 of section 156 crpc empowers the judicial magistrate to direct the police officer to conduct an investigation. When the magistrate orders under section 156(3) crpc, he does so without taking cognisance of the offence. Whereas, under section 200 of the code of criminal procedure, the magistrate passes an order after taking cognisance of the case. Cognisance makes a substantial difference between the order of the magistrate passed under section 156(3) and section 200 CrPC. The cognisance has a significant effect because it infers that the court has applied its mind and begins the trial.
Once the magistrate takes cognisance, he cannot revert one step and disturb the investigation. It is the rule that there should be one investigation in one incident. Therefore, the order of a fresh investigation in the same matter is unacceptable.
In this situation, you should file a revision before the session judge under section 397 of the code of criminal procedure. It is evident in the current scenario to remove the impediment of the orders passed by the magistrate. The order of the second investigation will also cause adverse impact upon the accused.
The magistrate while takes cognisance under section 200 CRPC he satisfies that the ingredients of the offence exist. If he is doubtful regarding the commission of a crime, then he can pass an order under section 202 CRPC instead of invoking section 156(3) CRPC. Section 202 CrPC empowers the magistrate to order a preliminary investigation by a police officer. When the finding of preliminary investigation shows that no offence is made out, then the magistrate can reject the complaint.
However, the magistrate has adequate power under section 202 CRPC then no need to order a fresh investigation under section 156(3). In CREF Finance Ltd. v. Shree Shanthi Homes (P) Ltd. [(2005) 7 SCC 467 : 2005 SCC (Cri) 1697] the supreme court held that after taking cognisance and examining the complainant on oath, the court may come to the conclusion that no case is made out for issuance of process and it may reject the complaint. It may also be that having considered the complaint, the court may consider it appropriate to send the complaint to the police for investigation under Section 156(3) of the Code of Criminal Procedure.
Cognisance
When the magistrate issues summon or warrant (process) against the accused, then it said that he takes the cognisance. Therefore, after issuing the process under section 204 crpc, he cannot direct the police officer under section 156(3) CRPC. When the magistrate doubts about the commission of offence thereupon without taking cognisance, he can pass an order under section 156(3) CRPC.
Therefore, it is clear that after taking cognisance Magistrate cannot pass an order under section 156(3). When he does not take cognisance consequently, he has the liberty to direct the police officer under section 156(3) to conduct the investigation.
My father went on a morning walk, and he didn’t know where he dropped his mobile. After an hour when he found that his phone is misplaced, he called on his number, but after one ring someone denied the call and put it in switch off mode. From then the phone is in switch off mode. Can I put a fir and will it be counted as theft? I also have insurance for my phone, and the insurance company told me that they would give a sum of money if I place a copy of an FIR. Should I lodge the FIR?
Based on the facts of your case, it appears that an offence of theft has been committed. Theft is a cognisable offence and it is punishable under section 379 of the Indian Penal Code. As per the Code of Criminal Procedure (section 154), you have the right to register an FIR for this offence. The police officer is obligated to register the FIR and investigate the matter, as per the guidelines laid down by the Supreme Court in Lalita Kumari versus Government of Uttar Pradesh (2014) 2 SCC 1;.
If the police officer refuses to register the FIR, you can send the information by registered post to the Superintendent of Police. If the Superintendent of Police does not take any action, then you can approach the judicial magistrate under section 156(3) of the Code of Criminal Procedure to order an investigation.
In Uttar Pradesh, you also have the option of filing an online FIR, known as an eFIR, for a lost goods case or an offence committed by an unknown person. To register an eFIR, you can visit this website or download the Android app UPCOP.
It is important to note that timely registration of an FIR is crucial for the investigation of the case and bringing the perpetrator to justice. Therefore, if you have any information about a cognizable offence, you should not hesitate to register an FIR with the police or file an eFIR online.
