• Cousin missing after court marriage with a boy

Hi, One of my cousin sister has married with a boy ( in Arya samaj ) and is now missing from last few days( sis is of 19 yrs and legally eligible to get married)  .The boy's family stays near to my aunt.Probably boy and girl were working together in same firm( HDFC).My aunt some how get to know about the boy and his family , hence they went to talk to boy's family but they are not talking to us properly and they have shown us all the document e.g. Arya samaj marriage certificate & sis consent that she is marring with her own wish etc. My aunt wants to make sure that the girl is safe & happy and she is married without any pressure etc. Also, we just want to confirm that the documents are valid and legally acceptable , but boys family is not giving us any document's copy . my aunt;s family approached police and police didn't file any FIR but perhaps went to boy's home and checked the document and now they are saying that because girl has married with her own wish ( by seeing the consent and certificate) , police can;t do anything. 

we are very much worried about girl's safety.Could you please suggest 
1- what should we do now to make sure sister is safe and unharmed.
2- My cousin's phone is off and she hasn't talk to her family since she is gone,should police file at least a missing FIR to locate her ?
3- what kind of legal documentation my aunt's family need to avoid any future problems?
4-How to get copies of marriage documents etc. and validate it's legality?

anything else which you could suggest that will be great

anything which you could
Asked 1 year ago in Criminal Law from United States
Religion: Hindu
1. Lodge a missing complaint with the local police. let the police find out the grl.
2. Yes, do so asap.
3. Her child is missing. She requires no document except a photo of your cousin so the police start searching the girl.
4. Do not run after for getting any marriage certificate. First locate the girl and then go for those things.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
Hello,
1) Your aunt can file a private complaint before the local Magistrate demanding an investigation about the girl's missing and the ineffective investigation by the police.

2) She has the additional option to approach the High Court and file a habeus corpus petition alleging illegal custody.

3) Although the above are legal remedies as the girl has married (supposedly) with her consent further confrontation on your aunt's part will only help in vitiating the situation and sullying her relationship with her daughter and her in laws. Advise her to accept that her daughter has made a decision for her life and back her up.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi,
1. legally the family can  file for a Ha-beaus corpus writ in the High court by stating the reasons of their genuine doubt that she is in trouble, so the court will order the police to produce her before it.

2.  The police , if had enquired on your complaint and found out that she is safe and sound, why do not they allow your family to meet her.
3. How did you know that she is legally married?, did anybody from  her family tried to meet her in boy's house.?
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. This girl is eligible to marry. So if she has married a man of her choice there is nothing you or her family can do. Police has rightly refused to take any action as there is no breach of law.

2. The boy's family is not under any obligation of law to show you the documents.

3. Where is the question of a missing FIR when the girl is married and residing with her husband?

4. The daughter of your aunt has married with her own desire. No legal consequences will ensure for your aunt.

5. The marriage certificate's copy can be obtained from the office of the marriage registrar.

6. The maximum your aunt can do to ensure that her daughter has married with her own wish and is safe is to move the High Court and seek the protection of her daughter through the judicial process. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Where did they marry?
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. What does your aunt want now? Is she going to accept the marriage or create trouble for the newly married couple,

2. Has your sister left any message before leaving her house?

3. It appears that the boy's family is scared that your aunt will create trouble to them for which she is asking for the marriage documents,

4. it is also to be informed why does she want the said marriage documents,

5. Your aunt can arrange to conduct further religious ceremony or arrange for social marriage to give her assent to the said marriage,

6. She can ask the boys family to ask her daughter to inform that she is well and also that she is accepting the said marriage,

7. The boys family is not bound to handover marriage papers to your Aunt,

8. However, if she still thinks that she needs to see that her daughter is safe and keeping well, then she can file a Habeas Corpus petition before the local Hogh court praying for a direction upon the police to present her daughter before the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. Try to get in touch with the girl to know about her wel being,

2. If she can not be contacted, file the habeas corpus petition as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. To make sure that your sister is safe and unharmed, a petition of habeas corpus can be filed in the court against the boy to produce the girl in person in the court.
2. if the girl has married by her own choice, then the police is right in not filling a missing report. However, if you are smelling a foul play here then it is advisable to file a complaint directly before the illaqa magistrate who then can ask the police to register FIR etc.
3. there is no legal documentation required for your aunt family to avoid any future problem. this seems to be far fetched idea at this moment.
4. the copy can be obtained from the marriage registrar office. if it is legaly registered, until and unless it is proved that the consent of the girl has been obtained by force, it is presumed to be a validly executed document.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1- what should we do now to make sure sister is safe and unharmed.
Opinion: file an application/complaint before police regarding her missing.

2- My cousin's phone is off and she hasn't talk to her family since she is gone,should police file at least a missing FIR to locate her ?
Opinion: yes, immediately file the complaint.

3- what kind of legal documentation my aunt's family need to avoid any future problems?
Opinion: Which type of problems, there is no problem for your aunt if she file a missing complaint and there is no role for any illegal activities like honour Killing.

4-How to get copies of marriage documents etc. and validate it's legality?
Opinion: when your aunt file the complaint then mentioned the fact that there is some arya samaj marriage documents related to your cousin sis with that boy and his family have the same.
You may contact over the phone or meet personally after pay the consultation fee which is very nominal.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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