• Mental harassment

Hello Sir,

I am staying with my live-in partner for 1.3 years. Recently she was called by her father with false news that her father was in ICU. Then 7th april 2016 i left her in a train and i came to know that on 15th she was engaged and not able to communicate and when i talked her mother she says she will kill her daughter and but did not marry with other caste. All her belongings are with me. Can a file a case against her father and mother ? Nobody listening to me. The last time i talked to her but she was not saying anything because of fear from parents. I am very much disturbed because of her. She introduced me with everyone in delhi as my wife. We had a very good relationship and waiting for her. Please suggest what can i do. She had promised me to marry and many proofs of staying her with are present. If there any law that can prevent her marriage. I am very disturbed with this. There are many proofs and witness knowing this.
Asked 8 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
1. Well marriage to survive and linger must depend on the mutual trust and wish of the parties.
2.if any of the partner is reluctant then other one must not force unless and until she becomes rady for it.
3.Do not go overboard except to cajole her to woo her back.
4. if in spite of all your efforts move on life. Marriage if performed under forceful circumstances does not survive long.
All the best.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1) record her father threats 

2) if girl is being kept in house arrest by her parents she can easily call police helpline and complain 

3) she can lodge police complaint against ehet parents if she is being forced in marriage against her wishes 

4) she can also complain to national commission of women in this regard 

5) you can only guide her as to the legal  options available to her 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
It is possible that your partner may have been held captive by her parents in their home. The remedy is to move the High Court through a writ for her release whereupon the HC may issue appropriate directions on the first hearing itself. You can also file criminal complaint for criminal intimidation against her father.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
 it is for the girl to take the call whether she wants to marry you or get married as per her parents wishes 
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
You have to file a writ petition in the High Court alleging that she is being held captive by her parents against her wishes. She will be produced in Court by Police. But that depends entirely on girl's decision whether she wants to marry you. If she declines to marry you , you can not do anything.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
Hi 
The supreme court has ruled that Unmarried couple is living together as husband and wife, then they would be presumed to be legally married and had said continuous cohabitation of a couple would raise the presumption of valid marriage and it would be for the opposite party to prove that they were not legally married.
"It is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a long time. 
First file a FIR U/S section 342 of the Indian Penal Code in your nearest police station at Delhi. 
Please note that you should vividly describe the following elements which are necessary to prove Wrongful confinement 
1) Wrongful restraint of a person or total restraint or complete deprivation of liberty without lawful justification.
-in your case, you should cite your live in relationship which the supreme court has declared as legal. 
Hope this helps. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Dear Querist
if the girl is with you then no need to worry, immediately file a complaint u/s 97 of Cr.P.C. before the magistrate against her parents.
the magistrate issue a notice to police official as well as her parents and order to police to produce the girl before the court, before the court if girl show her willingness to live with you then the court may pass an order for her custody to you otherwise the court handed over the girl to her parents and disposed of the case.

You may file a writ petition before High court under Article 226 of Constitution of India or file an application u/s 482 of Cr.p.C.
Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
Just a live-in relationship will not entitle you to claim a right over her or you can pressurise her to marry you.
As you said that you were in live-in relationship only, the very meaning suggests that it can get separated when either of the partner is not willing to continue the relationship anymore. Moreover she is silent on this aspect or she has not expressed her desire to marry and live with you at this moment when her parents are forcing her an engagement with a third person.  
You must confirm that if she is still in the same and similar feeling to that of yours with her, upon confirmation you may ask her walk out of the house or if she is illegally confined in her house against her wishes you may take the help of police to retrieve her from her illegal confinement.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Please tell me how to deal with this kind of situations. Her father also harnessing me with the name of local leaders.

The important this  to be aware of is her desire and willingness to join you, if she is not willing or does not indicate any symptoms to be with you or to marry you, you may not be able to get her out legally, it will be considered as kidnap when you force things on her. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Sir, If the girl is brainwashed then can i do anything for her to get back in my life. Since marriage time is enough, may be in last month of 2016..

You have to gain entry into her somehow and convince her to flee her house otherwise it will not be possible for you to legally take any action without her consent.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
You have to file a writ petition of habeas corpus in the High Court .Then the police will produce her before the court.  If she wants to live with you then court can send her with you, If she declines to marry you, you cannot do anything .

Registration of marriage is a mode of proof of marriage.Why you lost the opportunity for registration and choose a live in relationship. 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
living in live in relationship for such a long period constitutes valid presumption about your marriage. you should file a habeas carpus writ before the high court. 

but first talk with her before filing of that writ. court will direct her parents to produce her before the court and if she admits that she want to  live with you then court shall make order and refer this case to the mediation centre for further disposal
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0

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