The writ of habeas corpus is the only remedy available against illegal detention of a citizen. The writ’s object is to secure the release of a person who is illegally deprived of his liberty. The constitutional law and, therefore, to protect individual liberty a High Court owes a duty to safeguard the liberty of all the citizens by issuing a writ of habeas corpus. Even the Supreme Court has observed that the writ of habeas corpus is “a great constitutional privilege of the citizen” or “the first security of civil liberty”. It provides a prompt and effective remedy against illegal detention under the Act or any other enactment authorising preventive detention. Article 21 provides that no person shall be deprived of life and liberty except in accordance with the procedure established by law.
Thus haebus corpus petition means to bring out somebody from the illegal custody and not that you will run away and file a petition yourself.
What is the timelines for habeas corpus process till the hearing date? Suppose we are filing it on 1st of any month ?
A petition filed before high court in this regard will be taken immediately for hearing within one or two days.
when is the right time to file habeas corpus notice(before she escape or after)? Please note once she escapes from her house, she can't go back. I can't take any legal step until she is in their hand.
Who is planning to file HCP, you, if so how and in what capacity? If she escapes how can you file once she is with you or under your custody, this if found out shall turn to be a verious offence.
- Is the Habeas Corpus actually applicable/required in my case?
In my opinion this is a wrong idea and there is no meaning in filing a HCP.
I heard that Habeas Corpus would use a lot of false elegations against their parents. Can we avoid such fake and dirty alegations and still ensure our protection with some alternative legal process?
Since you both are already married, she can very well join you in your own home and can refuse to go back to her parents house even if police forces her. She is a major and can approach higher police official against the excesses of local police.
Do we really need to register our Arya samaj marriage in Registrar office before filing habeas corpus or the alternative way i asked above? (I quried this to another Lawyer and he said that until you register your marriage even if it is Arya Samaj one, it not authentic in court and No one can help us staying together as husband and wife.
If you have the certificate issued by Arya samaj for having solemnised the marriage between you and her, it is a valid document to prove your marriage and a formal registration of the marriage with the marriage registrar can be done later on.