Help to get my girlfriend free from her home
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.
Asked 2 years 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.
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.”
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.
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
Advocate, New Delhi
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
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.