I’ve been doing my research on marriage and forced marriage, and thought it good to share my findings. I apologise for not referencing the original sources as to be honest I was on a mad copy and paste mission, but I feel it could be helpful to share the information I have found and I will keep updating as I get more. If any of the below is your content please let me know so I can credit you.
What’s the difference between a forced marriage and an arranged marriage?
In an arranged marriage, families choose their child’s partner but both individuals can decide whether or not to accept it. A forced marriage involves a young person being told they have to marry even though they don’t want to.
- Are you being forced to marry against your will?
- Are you being pressurised to enter a marriage you are unsure about?
- Are you worried that you will let your family down if you say ‘no’ to an arranged marriage?
Of course, there is a different between a forced marriage and an arranged marriage. An arranged marriage is when the family of the spouses take a leading role within setting up the marriage, but are given consent to do so by the couple themselves. However, in a forced marriage one or both of the individuals don’t consent to the arrangement and they are under coercion or duress.
Can men be forced to marry?
Yes, and the number is growing.
Approximately 15% of the cases dealt with by the FMU are men, but it’s on the rise. “It’s hard for men to come forward because of the belief that they’re ‘macho’,” says Imran Rehman, a support worker forKarma Nirvana, an organisation that offers support and help for victims of forced marriage. “If men have issues in forced marriage or domestic violence, we can give one-to-one emotional support. We understand the issues of what men and women are going through and can refer them to a refuge or safe house.
What constitutes an official marriage in India?
Hindus can opt for a civil marriage, often incorrectly referred to as a “court marriage,” under the Special Marriage Act, 1954. Provisions in the Act govern civil marriages and require no religious ritual or ceremony of any kind. The necessary requirement is that the persons intending to marry inform the marriage officer of the district in which at least one of them lives. The marriage officer then posts the information on a public notice board and keeps it up for 30 days. During those 30 days, any person can object to the marriage on grounds such as the intended bride is under age or that she is too closely related to the bridegroom or that she has been married before. If no valid objections are received, the couple signs a declaration in the marriage office in the presence of three witnesses. The marriage officer then issues a certificate of marriage to the couple as proof of the marriage. The Special Marriage Act, in S.21-A clearly states that if a special or civil marriage takes place between two persons both of whom are Hindus, Buddhist, Sikh or Jain, such persons continue to be governed by other aspects of Hindu personal law, such as the law relating to succession. – See more at: http://indiatogether.org/manushi/issue136/hml.htm#sthash.1GdjrOKm.dpuf
If a woman has been forced into a marriage, is such a marriage void or voidable? What if a fraud has been played on her?
Such marriages are voidable. If the consent of the complaining party has been obtained by force or by fraud relating to the nature of the ceremony performed or to any significant fact or circumstance concerning the opposing party, the marriage can be voided. However, a petition for annulment in such a case must be presented within one year after the force ceased to operate or the fraud has been discovered. Most important of all, the petitioner or complaining party should not have lived willingly with the other after the end of the force or after discovering the fraud. A marriage is also voidable if it can be proven that the wife was pregnant at the time of marriage by another man. In this situation the husband must file his petition within one year of the date of the marriage.
Where can I get help?
http://www.karmanirvana.org.uk/ | 0800 5999 247