Who Can File a Case to Invalidate a Forced Marriage?

 
A valid marriage must satisfy the following basic elements: free will to marry each other; a valid marriage contract; and eligibility for marriage.
 
If a party forces, threatens, or coerces, by violence, economic or psychological pressure, social ostracism, extortion, blackmailing, torturing, or otherwise, the other party to enter into a marriage against the true will of the other party, the marriage is a force marriage. A forced marriage is based on lack of a basic element, i.e., free will or consent of the forced party.
 
A force marriage is not per se invalid as the defect is repairable, which means that a forced marriage is valid if the forced party expresses consent subsequently. Therefore, it is the choice of the forced party to say whether the marriage is valid.
 
In this sense, the law authorizes the forced party to file an action to terminate their forced marriage.
 
Therefore, only the person forced, threatened, or coerced to marry another has the legal right to seek legal relief to invalidate their marriage.
 

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