One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Ms. X, a 21-year-old law student from City A, approached me when her parents fixed her marriage with Mr. Y, son of her father’s business partner. Despite getting admission to X Law University in City B, her parents insisted she could continue studies after marriage but wouldn’t allow relocation. Being financially dependent, Ms. X feared direct refusal would result in being cut off from family support. Her parents had already begun wedding preparations without her consent, creating immense psychological pressure. She wanted to pursue her legal career but felt trapped between family obligations and personal aspirations. The situation escalated when her father threatened to disown her if she refused the alliance, leaving her with limited options to assert her fundamental right to choose her life partner.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Document all instances of coercion, threats, or pressure from family members
• Reach out to women’s helplines for immediate support and guidance
• Explore financial independence options through educational loans or scholarships
• Consider temporary safe accommodation with trusted friends or relatives

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), forced marriage constitutes a serious offense. Section 87 addresses forced marriage, making it punishable with imprisonment. Section 115 covers wrongful restraint when parents prevent movement or career choices. Section 351 deals with criminal intimidation when threats are used to compel marriage. Section 64 protects against wrongful confinement if movement is restricted. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural safeguards, allowing victims to approach magistrates directly under Section 223 for protection orders. These laws collectively ensure that marriage remains a matter of free consent between adults, not parental coercion.

If You Are the Complainant

• File a written complaint with the local police station detailing the coercion and threats
• Approach the District Magistrate seeking protection under domestic violence laws
• Contact women’s protection officers in your district for immediate assistance
• Gather evidence including WhatsApp messages, audio recordings of threats, and witness statements
• Request police protection if you fear physical harm from family members

If You Are the Victim

• Immediately inform trusted friends, relatives, or teachers about your situation
• Keep important documents like Aadhar, passport, educational certificates in a safe place
• Maintain a secret emergency fund if possible for unexpected expenses
• Contact women’s helpline numbers like 181 for immediate counseling and support
• Consider approaching educational institutions for hostel accommodation or financial aid

How the Police Behave in Such Cases

Police typically treat forced marriage cases seriously, especially involving educated young women. They usually counsel families about legal consequences and women’s rights. However, some officers may initially suggest family mediation. If you face resistance, demand to speak with a female officer or the Station House Officer. Police are obligated to register your complaint and cannot dismiss it as a “family matter.” They may also coordinate with women’s protection units and social welfare departments to ensure comprehensive support during the investigation process.

FAQs People Normally Have

Can parents legally force adult children to marry? No, the law recognizes marriage as a matter of free consent between adults above 18 years for women and 21 years for men.

What if parents threaten to disown or cut financial support? While parents cannot be compelled to provide financial support, using such threats to force marriage constitutes criminal intimidation under BNS.

Can I get married later if I refuse now? Yes, you have the absolute right to choose your life partner at any time when you’re mentally prepared and willing.

What about family honor and social pressure? Personal choice and fundamental rights supersede social customs or family honor in the eyes of law.

What Evidence Is Required?

• WhatsApp messages, emails, or text messages showing coercion or threats
• Audio or video recordings of family members pressuring you
• Written statements from witnesses who heard threats or coercive conversations
• Medical records if you suffered physical harm or mental trauma
• Documentation of wedding preparations made without your consent
• Financial records showing dependency being used as leverage
• Educational documents proving your career aspirations being threatened

How Long Will the Investigation Take?

Police investigation in forced marriage cases typically takes 2-3 months depending on evidence complexity. Simple cases with clear documentation may resolve faster through family counseling. However, cases requiring witness statements or involving interstate elements may extend to 4-6 months. The court process, if it reaches trial, can take 1-2 years. Most cases are resolved through legal counseling and family mediation within 3-4 months once police intervention begins.

Advocate Sudhir Rao, Supreme Court of India