Answer By law4u team
How to Protect a Couple After Court Marriage from Family Threats In India, court marriage is a legal process by which a couple can get married without the need for elaborate ceremonies or religious rituals. Court marriages are legally valid and recognized under the Special Marriage Act, 1954 or the Hindu Marriage Act, 1955, depending on the religion of the couple. While court marriages provide a legal avenue for couples who wish to marry against family or societal pressures, they sometimes come with risks, especially in cases where family members oppose the union. In certain situations, families may react negatively to the marriage due to various factors, such as caste, religion, or personal expectations. This can result in threats, harassment, or even physical harm to the couple. Protecting the couple from such threats is crucial, and the legal system offers several avenues to ensure their safety and well-being. Here are steps that can be taken to protect a couple after a court marriage from family threats: 1. Legal Protection: Filing a Police Complaint The most immediate action a couple can take if they face threats or violence from their families is to file a police complaint. Threats of physical harm or harassment are criminal offenses under Indian law. Section 506 of the Indian Penal Code (IPC): This section deals with criminal intimidation. If a person threatens to harm another person, they can be charged under this section. This includes any threats of violence, harm to life, or property. Section 354 of IPC: If there is an element of harassment or physical assault, this section deals with outraging a woman’s modesty or other forms of physical harm. Section 323 of IPC: If there is physical assault or injury, this section covers the offense of voluntarily causing hurt. If a couple feels they are in immediate danger, they should approach the police station in their area and lodge a First Information Report (FIR). In such cases, the police can take steps to ensure the safety of the individuals involved. 2. Protection under the Domestic Violence Act In cases where the threats or harassment come from the family members of either spouse, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) can be invoked. Although the law primarily focuses on women, it provides significant protection in cases of threats, harassment, and violence in a domestic setting. Order of Protection: The Act allows the aggrieved person to seek an order of protection from the court, which can stop the aggressor from causing further harm or harassment. Residence Orders: If the couple is living with the family members who are threatening them, the court can issue a residence order to allow the couple to stay separately from the abusive or threatening family members. Monetary Relief: If the couple has been subjected to financial harm, the court can direct the abuser to pay compensation for loss of earnings or any costs related to medical treatment. 3. Use of Anti-Intimidation Measures: Police Protection In extreme cases where there is a direct threat to the life or safety of the couple, the police can provide protection to the couple. Police can be called upon to ensure that the couple is not harassed or physically harmed by the family. Request for Police Escort: If the couple feels unsafe when going to their residence or if there is an immediate threat, they can request the police for an escort to ensure they are not attacked or harassed on their way to and from their home. Security at the Residence: In cases where there is a risk of violence, the couple can request the police to increase patrols in the area or provide temporary security at their residence. 4. Court Orders for Safety: Seeking a Restraining Order Couples facing threats from family members can also approach the court for a restraining order against the family members who are threatening them. A restraining order is a legal directive that prevents a person from contacting, threatening, or coming near the couple. Civil Court: A couple can seek an injunction or restraining order from a civil court if they are being harassed or threatened by family members. Family Court: If the threats are related to family issues such as caste, religion, or forced marriage, the family court may intervene to provide the couple with legal protection. 5. Change of Residence/Relocation In some cases, the couple may need to move to a different city or relocate to a different area to ensure their safety. This is particularly true in cases where the family members are particularly hostile and are persistently harassing or threatening them. Relocation as a Protective Measure: Relocating to a new area away from the family may help the couple in avoiding direct confrontation and reduce the risk of harm. Safe Houses: In cases of extreme danger, the couple can approach NGOs or women's shelters, who can provide them with a safe place to stay temporarily until the situation is under control. 6. Maintain Digital and Physical Evidence For legal proceedings to be successful, maintaining documentation and evidence of threats or harassment is crucial. Recording Threats: If the family is threatening the couple via phone calls, texts, or social media, it is important to preserve these messages. Keeping a record of threatening calls, messages, and emails can be crucial in a legal case. Video Evidence: If possible, the couple can record threatening incidents or confrontations to have tangible evidence of their situation. Witness Statements: If any friends, neighbors, or other individuals are witnesses to the threats, having their statements or testimonies could strengthen the case. 7. Seek Support from NGOs and Counseling Services NGOs and Support Groups: There are numerous NGOs and support organizations that provide legal aid, counseling, and emotional support to couples facing threats after marriage. These organizations can guide the couple through legal procedures, offer safety measures, and even provide temporary accommodation in some cases. Mediation and Counseling: If the threats are more emotional or psychological than physical, counseling sessions with a professional or family mediator can help address the underlying issues. Some organizations specialize in family counseling, where they mediate between the couple and their families to resolve conflicts amicably. 8. Online and Social Media Protection Given that much of the harassment or threats can occur online or via social media platforms, couples can also take steps to protect themselves in the digital space. Report Harassment on Social Media: If family members are harassing the couple on social media platforms, the couple can report the matter to the platform (Facebook, Instagram, WhatsApp, etc.). Most social media sites have measures in place to block abusive accounts or posts. Privacy Settings: The couple should ensure their social media accounts are set to private and should be mindful of what personal information they share online. Digital Evidence: If threats are made online, ensure that the screenshots or other forms of evidence are preserved to help in legal proceedings. 9. Contact a Lawyer Specializing in Family Law Consulting a lawyer specializing in family law can provide the couple with tailored legal advice and assistance. A lawyer can help them understand their rights, the legal options available, and assist in filing police complaints, seeking restraining orders, or initiating legal action for harassment or threats. Legal Representation: A family lawyer can provide the couple with legal representation in case they need to file a case against the threatening family members, which will increase their chances of getting favorable legal outcomes. Guidance on Legal Procedures: A lawyer can also guide the couple on how to approach the legal system, including filing for protection orders or dealing with property disputes, divorce (if applicable), or inheritance matters. 10. Stay Calm and Prioritize Safety While dealing with threats from family members can be emotionally and psychologically exhausting, it’s important for the couple to remain calm and prioritize their safety. Panicking or making rash decisions can sometimes make matters worse. Taking systematic steps - starting with legal measures, seeking protection, and consulting professionals will help the couple ensure their safety and well-being. Conclusion Protection for couples after a court marriage from family threats involves a combination of legal measures, practical steps, and emotional support. Court marriages in India, especially in cases of inter-caste or inter-religious unions, can sometimes lead to strong opposition from families. However, couples have several legal tools and avenues to safeguard themselves, including police protection, court orders, and seeking support from NGOs. It is crucial that the couple takes immediate action in case of threats, gathers evidence, and seeks professional help to navigate these challenges while ensuring their safety and peace of mind.
