Lawfully Yours: By Retired Justice K Chandru | Special Marriage Act couples facing threat can seek police protection

At times, better to make the best out of court order instead of prolonging case

Q: I am an assistant professor at a state university. I have a group medical insurance offered by the institute. After I underwent heart surgery, the insurance company refused to pay me the spent amount, raising various queries. I managed to secure a court order, which directed the insurance company to pay the medical expenses in full, along with the penalty. Now, the company has sent me a cheque for 90 per cent of the claim amount instead of the full costs as ordered by the court. Nearly nine years have passed since I underwent the surgery. I am in a dilemma whether to accept 90 per cent of the claim amount or file a contempt petition, citing how the company is violating the lower court order.  S Manikandan, Chennai

A: Make the best out of the court order. Despite the insurance company's repudiation, you have won the court case. Better to accept 90 per cent of the claim amount. There may be a dispute of the claim under some heads. Further litigation will be painful.

Special Marriage Act couples facing threat can seek police protection

Q: Is there any bar in a Muslim boy marrying a Hindu girl? Should such an inter-faith marriage be registered under the Special Marriage Act? Considering the threats involved, is there any option to avail protection from the police to get the marriage solemnised at the registrar's office without any hindrance? M Hasan, Semmancheri

A: Registration under the Special Marriage Act is the only course available for interfaith couples.

No doubt, certain hate groups which have now come up against such marriages in the name of fighting 'love jihad' could pose trouble.

The process requires a written notice to be given to the marriage officer at least 30 days before the ceremony. The notice is posted in the couple's hometowns or places of residence. The purpose of the notice is to allow anyone to object to the marriage and to convene an inquiry. If no one objects, the marriage can take place after 30 days.

The hate groups may collect details from the notice boards and threaten the couple in their area. If you think the threat is real, you can lodge a police complaint and seek protection.

If they do not cooperate, you can move the High Court for relief.

Couples seeking police protection under the Special Marriage Act (SMA) can also request it from the registrar where the marriage is to be performed. The Central Information Commission (CIC) also recommends that couples include a declaration in their marriage forms if they feel threatened to their life or liberty.

The problem needn't end with registration alone as hate mongers and the communalised society can still make your life unpleasant.

Perhaps, shifting your marital home to some other area after marriage is an option.