Mr. Professional (SE) 29 April 2010

Illegal detention

Hi Forum,

Mr. A and Miss. B married in a temple in presence of a few friends and colleagues. However, when Miss. B's father came to know about this, he kept her under house arrest and is threatening Mr. A with phone calls asking him to leave the city.

There are SMS messages received in the past from Miss B's mobile phone about the marriage. Also, friends and colleagues are ready to testify the marriage.

Now, will Miss B be accepted by the court as wife of Mr. A? Also, can a case of Illegal detention be filed against Miss B's father? There is an evidence from the company where Miss B is working that she has been absconding without intimation to office for past 2 months.

What are the various possibilities of this case?

Thanks in advance.

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4 Replies

Mr. Professional (SE) 29 April 2010

Forgot to mention, photos of the marriage in temple are in Miss B's camera and it is possible that her father may have destroyed the evidence.

adv. rajeev ( rajoo ) (practicing advocate) 29 April 2010

File complaint against the persons who is threatening Mr.A in the local police station.

Mr. Professional (SE) 29 April 2010

Thanks Mr. Rajeev!

Can a case of Illegal Detention/Wrongful restraint be filed against Miss B's father?

Also, since the phone calls Mr. A has been receiving are from an anonymous numbers (Public phone booths), can we file case of IPC 503/ IPC 506 against Miss B's father?

Thanks in advance.

Ayush (Advocate) 29 April 2010

A case of wrongful confinement is made out. The only condition is to stop the movement of the person confined and stopping him from moving towards any direction. Further, it doesnt matter whether the call is being received from public booth, the case of criminal intimidation is made out against the person. The only thing is whether the calls are being made by father or someone else. you must have reason to believe that the call is being made by the father himself or any agent of her father. you can ofcourse complaint of the matter in the police whoever the person is calling. you will have to inform the police officials about your suspicious person. If the police doest not take any action you have the remedy to approach the appropriate court under section 190 crpc