• Help to get my girlfriend free from her home

Hi,

I'm Deepak and I'm living in Chennai. Because of our love matter my gals parents kept her in home without any contacts. I tried to convince them by speaking to her family but they are not ready to listen to me. Even I've sent my family to speak with them but due to caste they are not even allowing inside. 

But I know she's is waiting for me. I just want to know can I proceed legally by filing a case against her parents that she was illegally detained. Or can you please help me in releasing her from home legally.

Please!!
Asked 1 year ago in Civil Law from Chennai, Tamil Nadu
If your girlfriend has been detained then you can move the High Court to have her released from the shackles imposed by her parents. It is illegal to hold against will a person who has attained the age of majority. They can also be prosecuted for subjecting her to illegal restraint. 
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
1) if girl is being illegally detained against her wishes she can easily call up police helpline for women and children 103 or police helpline 100 .

2) she can lodge complaint against her parents for criminal intimidation . 

3) she can also complain to state commission for women 

4) you can file habeas corpus petition in HC to direct police to produce the girl if she is being illegally detained 

5)The Constitution provides that on a writ of habeas corpus, filed by any person, a High Court concerned may direct that “the person in custody be brought before the Court so that it maybe satisfied that he is not being held in custody without lawful authority or in an unlawful manner.”
Ajay Sethi
Advocate, Mumbai
27395 Answers
1490 Consultations
5.0 on 5.0
You can lodge a police complaint against her parents for illegal detention against her wishes. The fact of love and willingness to marry each other should be emphasised and the apprehensions of danger  to her life to be insisted in the complaint. If the local police is not cooperative then the higher police official may be approached for intervention and direction to local police to retrieve the girl from illegal custody.
T Kalaiselvan
Advocate, Vellore
17544 Answers
166 Consultations
5.0 on 5.0
Dear Querist
you may file a criminal complaint against her parents for illegal detained u/s 97 of Criminal Procedure Code before criminal court/CJM/CMM of are in whose jurisdiction the girl is detained.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3814 Answers
151 Consultations
4.9 on 5.0
If you can contact her over the phone ask her to call the helpline no. 103 and help 
You can file a criminal complaint before magistrate and police will be ordered to produce her. She should tell the magistrate that she was detained by her parents forcefully
Another option is to file a writ of Habeas corpus in high Court but before approaching High Court approach police and if not helpful continue with the writ Petition
Thresiamma G. Mathew
Advocate, Mumbai
1359 Answers
96 Consultations
5.0 on 5.0
1. You have no locus standi as of now to claim her so called release from her father' house,

2. She is an adult and is capable of deciding things herself,

3. wait till she comes out and after that get married legally, if she is willing,

4. After that you will have claim on her matters with her parents.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

Ajay Sethi
Advocate, Mumbai
27395 Answers
1490 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
17544 Answers
166 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3814 Answers
151 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3156 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
974 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2032 Answers
24 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1307 Answers
71 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
823 Answers
58 Consultations
5.0 on 5.0