• Intercaste marriage

My bro have done court marriage in jorhat,Assam. His wife is from Neemuch,Madhya Pradesh. They are settle in Vizag.Now my sis in law is being taken back to her home in Neemuch, Madhya Pradesh.Her family is not allowing her to go back to her husband place .Her mobile is also being snatched. Her family is planning to remarriage her with same community boy.
Asked 3 months ago in Family Law from Visakhapatnam, Andhra Pradesh
Religion: Hindu

You guys must file a police complaint for illegal detention, abduction and kidnapping against her parents

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1015 Answers
1 Consultation

4.4 on 5.0

1. What her family members is doing is nothing but a crime. So your brother can lodge a complaint of abduction, wrongful restraint and wrongful confinement in the local police station where she is taken or in the place from where she was abducted.

2. on this basis FIR can be registered and criminal case can be started which would prompt the police to cause investigation and recover his wife

3. Another option is to file writ petition of Habeas Corpus in high court which is most effective and efficacious remedy. 

Devajyoti Barman
Advocate, Kolkata
17474 Answers
248 Consultations

5.0 on 5.0

The husband can file a writ of heabus corups in the high court as she was forcefully taken and her whereabouts are not known the wife can be asked to present before court and she may record this before the court.

Or a police complaint can be filed by him

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

See writ in high court will fast and effective remedy police can take longer time.


See writ in high court will fast and effective remedy police can take longer time.

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

Immediately file a writ petition before the High court or file an application under section 97 of Criminal Procedure Code-1973 for issuance of search warrant and production of his wife before the court.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5304 Answers
256 Consultations

4.9 on 5.0

Without fail, file WRIT in High Court, MP. Court interference is must for immediate release of girl and police protection. Writ of Habeas corpus will file. Complaint to Area SP/commissioner, MP and FIR at husband place of abduction.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

File a Complaint before the local jurisdictional Police station through her husband against Uncle of the lady and her parents.

 

Filling a case for restitution of Conjugal rights can only be filed if the lady refuse to come and lead the married life.

Rajashekar
Advocate, Bengaluru
567 Answers
4 Consultations

4.8 on 5.0

You can file an criminal complaint against such acts and take action against them. 

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

1) husband should file police complaint against his in laws that his wife is not being allowed to stay with him 

 

2) enclose copy of marriage certificate 

 

3) if police don’t take any action file habeas corpus petition in HC to direct police to produce your wife 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

You can file police complaint in AP 

 

2) file writ in HC 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

Hello Sir,

Please be advised as follows:

The present case prima facie looks to be strong and seems to be lying in your if the girl is being detained contrary to her willingness being an adult. 

This is amounts to Wrongful Confinement which is an offences under Section 340 of the Indian Penal Code being committed by the parents of the girl and in no circumstances they can be permitted or allowed to get married against her wishes. The parents of the girl can as per law be imprisoned for the period stated in the statute for confining her.

Remedies you hold:

1. Go to her house along with the Police officers of the nearest police station after informing him about the entire scenario.

2.Else you can file a writ of Habeas Corpus in the court

Backing of Law for filing a writ of Habeas Corpus you have

1. The Supreme Court in Mohd. Ikram Hussain v. State of U.P (AIR 1964 SC 1625) held thus; "A writ of habeas corpus at the instance of a man to obtain possession of a woman alleged to be his wife does not issue as a matter of course. Before a Court accedes to this request it must satisfy itself at least prima facie that the person claiming the writ is in fact the husband and further whether valid marriage between him and the woman could at all have taken place. (In your case you would just have to prove that you both are legally married)

2. Secondly, In the case of 

Rajmohan v. State of Kerala (2009(4) KLT 466: The Court stated 

A person who has attained majority, is in the eye of law, a person and a citizen entitled to all rights and privileges under the Constitution. There can be no question of an adult major woman being kept in the "custody" of anyone else against her wishes, desire and volition. Even if it be the parents, such custody cannot in the absence of better reasons be justified. An adult major woman residing with parents or husband cannot be held to be in the "custody" of such parent or husband as to deny to her, her rights to decisional autonomy and to decide what is best for her. Parental authority would certainly extend until a child attains majority. But, thereafter, though the parent and the child may be residing together, it can never be held that such child is in the "custody" of the parent. An adult major woman is not a chattel.

Parental authority or matrimonial authority will not at any rate give right to such parent or husband to keep such woman under restraint, confinement or detention against her will. The parent may feel that he has the monopoly for taking correct decisions which concern his daughter, but that impression of a doting patriarchal parent cannot blindly be accepted and swallowed by a Court. The parental authority may extend to advice, counsel and guidance. But certainly, it cannot extend to confinement, detention or improper restraint against the wishes and volition of the adult major daughter.

Please get in touch for any further Query.

Thank you for your time and Consideration,

 

 

 

 

 

 

 

 

 

 

Harshit Singh Jadoun
Advocate, Noida
68 Answers

5.0 on 5.0

If your brother has court marriage certificate that too can be produced in the police station and can file kidnapping case against her family from their last stay together city name i.e. Vizag.

Ganesh Kadam
Advocate, Pune
7113 Answers
60 Consultations

4.9 on 5.0

Your brother will have to file writ of habeas corpus in High Court wherein, the police would produce the girl before the court.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

Writ of habeas corpus is filed against a person under whose authority any person is detained to produce that person in court.
In hight court all writs and cases are taken after one day from the date of filing and the court ordered the police to produce the girl before the court and the matter would be decided then.

Her parents cannot illegally detain her if she had married after attaining majority and with her free will.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

Considering your situation, I would suggest you to file an FIR at your jurisdictional Police Station stating that your wife is missing since (mention the date). Further, when Police would fail to produce her, you may approach to High Court under Habeus Corpus Writ whereby Police will compel to produce her. 

Mohammed Mujeeb
Advocate, Hyderabad
9341 Answers
3 Consultations

4.5 on 5.0

In addition to it, you may also approach to Principal Judge Family Court u/s 9 of Hindu Marriage Act for restitution of conjugal rights. The notices will be served at her current place of living. 

Mohammed Mujeeb
Advocate, Hyderabad
9341 Answers
3 Consultations

4.5 on 5.0

Dear sir

File a police complaint regarding the abduction of sister in law. 

And also file an application if section 97 CrPC for Search of person illegally confined. In this application mention all her family members name and also make SHO of your police station as a respondent. It is to be filed in the court of SDM or Judicial Magistrate First class. 

Mohit Kapoor
Advocate, Rohtak
2690 Answers
1 Consultation

5.0 on 5.0

Since she has already married your brother legally and there are proofs to prove that, your brother may file a complaint before the police seeking protection to her and also to release her from the illegal detention of her parents.

If the police is not cooperating then he may file a haebus corpus petition before high court for remedy.

 

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

Your brother can give a complaint against her uncle before the concerned police station and follow the actions as suggested.

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

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