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ashish kerala (business)     05 December 2014

Habeus corpus petition in a love matter

Hii Experts,

Im 22 years old.I am in love with a girl. shes is a minor girl aged 17 years
we want to marry each other after she is attain the age of 18. Her parents are not intrested with this relation.
Yesterday one of her friend called me and told me that now she is under the illegal detention by her parents
they are not allowing her to calling me or contacting me in any way. They are searching for another boy for marrying their daughter without her consent
what should i do?
can i file a writ petition in high court in the nature of habeus corpus?
will court entertain that petition?
did i get a direction from court to her parents to allow her to calling me via phone or any other ways?

My main problem is that i want to contact her through phone or any other way
please help me
Thank you 



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 December 2014

Legally you cannot do anything which  you intend to do because she is a minor by age, hence neither haebus corpus petition nor any other legal action will lie. Just because you love her,will not entitle you to establish your rights over the minor girl, so don't try any gimmick lest you will find yourself behind the bars for criminal intimidation and other charges, by her parents.

BHUWAN RAJ 09839268489 (lawyer)     06 December 2014

Dear

 Till she is minor, her parents are her natural guardian. There is no question of any illegal detention. In case u have any grievance about her parents assaulting her, u can approach the local police. As far as her age is concerned, her school documents will be considered and is she has never joined any school then medical examination would determine her age. Let me tell u maintaining s*xual relations with a girl who is minor falls under the category of rape and is punishable for life imprisonment. So keep in mind this. If u a have maintained s*xual relations with her while she was minor, then u have committed the offense of rape and consent is immaterial in the case of a minor girl. Read section 375 I.P.C. So keep all this in mind. If u have maintained s*xual relations with the girl while she was minor , her parents have a right to lodge a criminal case against u under section 376 of the Indian Penal Code and girls statement shall also be recorded. So my advise would be wait for her being major as per the school documents and then u people can legally marry and u will also legal remedies then in case then any one detains her,be her parents or any one and then u as a lawfully married husband would have rights to secure the custody of  ur lawfully married wife but not before she is major.

 

Regards

Bhuwan Raj, Adv.

Cell: 09839268489.

Sudhir Kumar, Advocate (Advocate)     07 December 2014

 You have been replied well by Mr Bhuvan Raj.  Indian Jails in reality are not as rosy as shown in movies.  You are advised not to volunteer for being there in a non-bailable case. 


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