Ramiz 14 May 2016

Forced Marriage

Hi, �� I am writing this letter with an extreme pain in my heart. I am from Kerala and working in Chennai. I am having an affair with a girl from Cachar, Assam. Due to our different religions we have planned to move forward with the current religions throughout life. So that became a big issue here for getting married and it got delayed. Unfortunately she became pregnant. Currently she's 14 weeks pregnant. And we took a flat for rent here to get an address proof for marriage. Soon her sister called and said her father is serious and in hospital,� asking her to see for the last time. So we booked a ticket for her on previous Friday and return flight was today 9:25 AM which she missed. The problem is that, they lied her about father and she's locked inside house full of relatives. They forcefully did her engagement On Monday and forcing her to marry a guy near to her house. She got trapped. She called her now and informed like,� only option is to suicide. They are now saying that Thursday is her marriage. They are saying like I am a Muslim terrorist. So they will not let her go. There is no one to help me. I just want her and my child back in my life. I am afraid to go to her place. Because they will kill me or her like they threatened. I called her this morning and she said they will go to any extent for saving family face. I told them I will call police and they are saying "it's our place you can't do anything".� Don't know what to do. She's also afraid in informing police. I have already send and E-mail to Cachar Police Department and Cachar Women Helpline and an E-mail to IPS officer Cachar. But no results. Now they did her marriage by blackmailing that, they will abort the baby or kill her. He didn't try to suicide only because of child and me. Yesterday I have send an E-mail to NCW Delhi. It's showing as case under scrutiny. Is there a way I can get her back. She's planning to escape from there. Please help.

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29 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 14 May 2016

You can file a writ of habeas corpus in High Court having jurisdiction over her place to present her before the court. The court will ask her whether she wants to go with you. If she answers in the affirmative the court will order the police to help her join you. The whole thing is like belling the cat. You will have to go to Cachar to file the writ.

I do not know whether you can file in Madras High Court just saying that she was untraceable and you fear that her relatives might have kidnapped her and taken to unknown place either Cachar or elsewhere and may do honour killing..

If you narrate the story as you have done here you will have to go to Cachar.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 14 May 2016

You hire a good Muslim lawyer at Chennai.

Ramiz 14 May 2016

Thank you so much for all the replies. Can we do that once she is back from there? Because she's planning to runaway from the guys (whole she's married to) house tomorrow morning. I don't know whether I can hide her in Chennai. And if her husband or family filed a case against me, will it be a problem?

Ramiz 14 May 2016

Thank you so much for all the replies. Can we do that once she is back from there? Because she's planning to runaway from the guys (whom she's married to) house tomorrow morning. I don't know whether I can hide her in Chennai. And if her husband or family filed a case against me, will it be a problem?

Sudhir Kumar, Advocate (Advocate) 14 May 2016

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	You hire a good Muslim lawyer at Chennai.

How does it matter if the lawyer is Hindu, Christian or parese, Sikh /Jain.

Sudhir Kumar, Advocate (Advocate) 14 May 2016

You hve nowhere confirmed in your post that whether you were married and that too lawfully.

Ramiz 14 May 2016

We're not married yet. Before that she had to go home and they did the marriage forcefully.

saravanan s (legal advisor) 14 May 2016

Now since she is married she only got to approach the court to nullify it as it's a forced marriage.only after she does that you can marry her.if she leaves her husband and joins you then the girls parents or her husband might file criminal cases on you

Ramiz 15 May 2016

Thanks for the reply. But it will take time. Right? She's already pregnant with my child. So is it possible to get married this month or next?

Ramiz 15 May 2016

Thanks for the reply. But it will take time. Right? She's already pregnant with my child. So is it possible to get married this month or next?

Ramiz 15 May 2016

How can they file a criminal case against me? Because we have reported forced marriage before by sending Emails to Police Department and NCW. Since there are no help from them, her only way to survive is coming with me.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 May 2016

They can file any kind of case against you. Filing of case is of no consequence, because it will take long to prove in court. The problem would be that you would be arrested and kept in lock-up. What you should do now is to get anticipatory bail. The parents of the girl will say that she is married (to someone else). The girl and you will say that it was a forced marriage. It will be cumbersome to prove things. It is only your knowledge or anticipation that she will come away. You do not disclose it to anybody. You file habeas corpus petition in the High Court. The police will then have to look for her. If you are able to communicate with her tell her to surrender at a police station. If she is produced before a court she can say that she was forcibly married to someone else, she wants to marry you and that she is pregnant with your child. She can also ask for police protection. In Tamilnadu there is a law under which love marriages without the consent of parents can be performed by police in police stations. The police also will be prejudiced and will try to wash their hands off such matters. That is why I say that you hire a lawyer who will be sympathetic to you. If the lawyer is also prejudiced he may not do things the way you want. If he knows the law he can come with you to the police station and can demand the police to perform your marriage. Later you can register the marriage under the Special Marriages Act. You can also try to get press coverage.

Ramiz 15 May 2016

Thanks Ramani for the reply. She is planning to come back on Tuesday. Can I file habeas corpus petition here in Chennai High Court? Or I have to go to Assam for that?

Sudhir Kumar, Advocate (Advocate) 16 May 2016

first of all you understand that are not married.

Then you understand that behaviour of poeple is different outside and inside police station.

How are you sure that when police approaches the girl will speak in your facour. Her adverse statement is quite possible and can lead to FIR against you.

She can very well allege that she was forced into a live in with you and you land in rape charges.

She can very well state that she was never interested in marrying you and you kept following her and you go in for series of allegations.

Even if she is forced to say this before police in any town then youcan prove wrong in cross-examination but it is suffienct ground for police to forthwith arrest you and eeking bail will not be so easy.

Even if on bail you keep travelling on each date of each charge (may not be one FIR) to a strange town (regardless of weather, health, family commitment, job requirements, availability fo transport....etc) or face bail cancellation.

choice is yours. It is your life you have a right to spoil the same.