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  • Can I file a habeas corpus petition for this case?

Hello experts,

I have been in love with a woman since 2 years and she is even in love with me. recently a month back she went to her home and from the next day her phone is switched off and we (me and our friends) were unable to contact her. Later 2 days after I got a message from her stating that her phone is ceased and she is house arrested. And she asked us to come so that we both can tell their parents about our love. Then after there is no reply from her. After a week some of my friends (5 woman) went to her house to consolidate her. but her parents didn't allowed our friends to meet her and in return her brother and father verbally abused my friends and even her father came to beat my friends with a stick . somehow my friends managed to escape from that place and reached us back. Later i came to know that her parents know about our love and that is why they kept her house arrested. 

By the time we want to take speak to our parents regarding our love she was taken to her home and i don't have any means of contact.

Me and my girlfriend are both IT employees and we both are majors and we want to get married. 

Her parents are not okay with our caste because i belong to a lower caste and she belongs to upper caste
Questions:
1.Is habeas corpus applicable for this case?
2.What will be time period for the action after habeas corpus petition?
3.What if her parents fail to produce her in the court after filing the habeas corpus petition?
4.What can i do to get back her and marry her?
Asked 7 years ago in Constitutional Law

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12 Answers

1. Yes a writ of habeas corpus can be filed though purpose of writ is not for this but can be used here as girl can be produced before the court and she can admit that she is illegally restrained.

2. It shall be really fast if the court admits the petition it will give instant direction to produce her before the court,

3. The police shall produce her before the court.

4. You can file writ in high court that she was willing to marry you and due to her caste her family took her and her where about are not known.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the girl is major and confined against her will is against law. It is illegal to detain anyone regardless of relation with them. You have few remedies

1. You can file complaint in local police that you both want to marry and her parents are illegally detained her. Police will do the rest.

2. You can file a Writ Petition Habeas Corpus in High Court.

In order to exercise your rights, seek help of a competent advocate in your area.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file petition in HC to direct police to produce your girl friend as she has been held captive against her wishes

2) court would pass orders within a month or so

3) parents are bound to comply with court order . Failure to do so amounts to contempt of court

4) file police complaint t against her parents before local police station

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir ask direction from high for police protection also since she is with parents and you have no proof that girl is held the police without direction wont support .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file complaint against er parents before national human rights commission or state commission

Mention how your girl friend is being detained against her wishes

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you can file petition saying that she is missing and approach a magistrate court under private complaint under section 190 criminal procedure and then you can get a search warrant through police department and you can save her from house arrest

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes, if girl is willing to come with you.

Court will issue immidiate orders.

Court will order police to present her.

Complain to collector office, HC last remedy.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Fit case to file a habeas corpus petition.

2. To the best of my belief, everything should conclude in your favour within a couple of moths provided the girl gives a statement in the Court in your favour.

3. Once they are directed by the Court to do so, they have no option but to act in accordance with the directive of the Court.

4. File a habeas corpus WP so that she is set at liberty and both of you get married thereafter.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

Yes you can file a case of habeas corpus.

Just bear in mind that the girl shall at all relevant time say before the court that she wants to be with you only.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Habeas corpus writ can be filed by anyone in case of illegal custody.

Get in touch with a local lawyer who may file the case for you in the High Court.

Refer to the judgment available at the following link:

https://indiankanoon.org/doc/79222760/

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Questions:

1.Is habeas corpus applicable for this case?

HCP is not maintainable in this case.

You can lodge a complaint with the police stating that you both are lovers and her parents have illegally confined her against her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement in order to prevent her marrying you since you belong to low caste.

This complaint may be escalated to the higher police officer and also it my be spread across on social media and press media to attract others attention for getting a solution to this.

2.What will be time period for the action after habeas corpus petition?

Haebus corpus petition may not be maintainable in this case,

3.What if her parents fail to produce her in the court after filing the habeas corpus petition?

If the court asses an order then they have to produce hr before court, but please note that HCP is not maintainable in this situation.

4.What can i do to get back her and marry her?

Read the first answer above.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

I already approached police station. They said that we can't do anything regarding this case. If you were married then we can file a complaint against them and we can give you protection.

You may approach the commissioner of pol;ice or the district superintendent of police for relief and direction to the concerned police on this.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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