Hello Experts, I really need some advice here. Me and my girlfriend have been in relationship for more than 4 years since we both were 21 years old. I am a Hindu (Pandit).Last month her parents came to know about us. She is a Jaat from Hisar, Haryana and her parents obviously being of low menatlity took her home with them as a No to intercaste marriage and what people would say. They keep scolding her again and again that their pride is gone because of her. They don't let her talk to anyone. They make her stay home all the time. They took all of her documents and kept it at a relative's place along with her mobile. Now even if we plan to get her away when no one is home, there is not even a single ID with her. We have soft copies of all the IDs and educational documents though. And upon that when my family engaged themselves in the matter when they took her home, her uncle (Mama) threatened my family that he is Labour Commissioner and member of Khap Community and he will destroy my complete family if any of us try to talk to her. She is ready to disown her parents and come to me and she doesn't want to see their faces ever again in life after what all they have done by ruining her career for just asking for her happiness. And on top of that they are behaving normally with her as if nothing has happened, making her stay home leaving her job means nothing to them. I really need some solution of how to get her out of that jail. Please help!
1. Nothing to worry. Lodge a complaint with local police. If police does not act on the basis of complaint file writ petition in high court.
2.File a habeas corpus petition in high court also.
3 once court comes into the picture nobody can dare to lock in her anymore.
The remedy available to your gf to release herself from the shackles imposed by her family members is to move the High Court through a writ petition for her release. Since she is currently unable to engage a lawyer you can move the court on her behalf. The necessary orders may be issued by the court on the very first hearing. There is no other remedy.
1) girl should go to local police station and lodge complaint against parents for criminal intimidartion . Send copy of complaint to supdt of police and commissioner of police
2) she should mention that she is marrying you if your own accord
3) she should also complain to national commission of women against her parents and relatives
4) since both are adults they are free to marry with or without parents consent
if bride is above the age of 18 and bridegroom is more than 21 years they have right to decide towards their marriage. even father cannot interfere in it. section 5 hindu marriage act gives such power. at present she is in proper custody so you have no right to bring her therefrom for solemnisation of marriage but if she voluntarily comes forward and marry with you thereafter you get right of her custody because after marriage husband is the primary guardian of wife.
If both parties to the marriage are sane and have attained majority there is no law to separate them after marriage.
Thanks a lot for all the help experts. But, my concern is that her mama who is labour commissioner has contacts in police as well and what if he didn't allow any complaints to be filed and he attacks me or my family or even kill their own daughter as in Khap Panchayats, honor killings are a common task. What will I do in that case. And I don't want any case to be filed against me as I will be moving to United States in another 3-4 months and any case filed against me will create issues in my Visa Application.
1) Supreme court In the case of Lata Singh v. State of Uttar Pradesh, held that Right to Marriage is an essential part of the right under Art.21 and that people have the right to choose their partners without any compulsion. In this case, the court came down heavily upon the acts of khap panchayats and honour killings that are prevalent in India. It was stated in this case, “This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage.”
2) The Supreme court also directed the police to institute criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.
3) if police refuse to register complaint girl can file pvt complaint under section 156(3) of CR PC before magistrate to direct police to investigate and submit report
The High Court knows how to mend the Labour Commissioner and his ilk. The court may not only set your gf free but also order round the clock protection for both of you. Engage a lawyer immediately to file the case.
Hi, you can solemnized your marriage as per Hindu customs and traditions and thereafter you can register the same in the Sub-Registrar office.
2. Once you married they can't do anything and for the documents you must lodge the police complaint against their parents for keeping the original documents suppose if the police fails to register the complaint then you have to go and approach the court and file a private complaint against her parents.
Honour killing is an offence, you should talk with your friend and, if possible, some how file case for criminal consipiracy u/s 120 B against her mama and other family member. You should not involve directly in this case because girl in their custody and they can file false against you.
She is ready to disown her parents and come to me and she doesn't want to see their faces ever again in life after what all they have done by ruining her career for just asking for her happiness. And on top of that they are behaving normally with her as if nothing has happened, making her stay home leaving her job means nothing to them. I really need some solution of how to get her out of that jail. Please help!
Being a major by age and and Indian citizen she has full rights to choose her own life in the manner she desires. Nobody can sop her from deciding about her life nor they can restrict her from proceeding with her choice of life.
If her parents are not allowing out of her house, a complaint with the police about illegal confinement can be lodged and she can be brought out safely but she should cooperate, she not reverse her stand under any pressure. Because that decision would be fatal to your proposed further action. As it is Haryana state is famous for honor killings, hence you got to tackle the sentimental issue very carefully.
But, my concern is that her mama who is labour commissioner has contacts in police as well and what if he didn't allow any complaints to be filed and he attacks me or my family or even kill their own daughter as in Khap Panchayats, honor killings are a common task. What will I do in that case. And I don't want any case to be filed against me as I will be moving to United States in another 3-4 months and any case filed against me will create issues in my Visa Application.
Her uncle being a labor commissioner may have influence with police but that should deter your determination. He may influence police to foist false cases, you may, in advance, move an application to the top police officer of the district as well as to the state chief minister's special cell narrating the incidents and seek protection against the possible onslaughts as well as the false cases. Further, while trying to defend your issue, you may rope in press media too who would support you cause in the name of news telecast. Be in touch with your close friends who would be able to help you and would be in your side supporting your cause till the end.