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APR videosblog   16 December 2023

Is it valid ? me and my girlfriend marriaged in lodge room secrectly without witness

sir/madam me and my girlfriend marriaged in lodge room secrectly without witness and video taken for proofwe both together took many pics.we both are live-in relationship from past 6 months in rented house.but at a badtime our love matter know to her parents.and blockmailed her to kill,if she dont listen their words.if she listen to their words after 2 years they will do marry us says like this.and taken away from me.after that they stopped her studies, they house arrested her.even no mobile contact with me and her friends.her parents are doing like this.i went to help of police says like this.but no one can help me.

please give suggestion for me.we both do not live apart from each other.what is the procedure to reach her? please help me



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 17 Replies

SAM (LEGAL)     16 December 2023

Approach High Court and file a habeas corpus petition through a lawyer

The writ of habeas corpus issues not only for release from detention by the State but also for release from private detention. At Common Law a writ of habeas corpus is available to the husband for regaining the custody of his wife if she was wrongfully detained by anyone from him without her consent.

APR videosblog   16 December 2023

i have doubt sir ? is that video without witnessess(person) valid?

 

T. Kalaiselvan, Advocate (Advocate)     16 December 2023

The so called marriage that had taken place within the four walls with nobody witnessing it or none knowing about it, is not legally valid marriage.

No marital rights can be claimed even by producing the video of the incident. 

However you can approach police with the evidence of your togetherness and seek their intervention if she is confined illegally in her house and being subjected to physical tortures.

APR videosblog   16 December 2023

the police do not move forward when i said all of those matters.even they donot enquire that girl  about these matters.they scold on me and send me back

 

Dr. J C Vashista (Advocate )     17 December 2023

What is your and your friend's age, religion, qualification, place of abode, and compulsion to marry and conceal such marriage from world to ascertain whether legally, socially and morally you can or cannot get married.

It would be better to seek professional services of a local prudent lawyer if there is "some" truth in the story, prima facie it is a hypothetical time pass story.

APR videosblog   17 December 2023

parents are hiding her without knowing about her to anyone. She can't able to tell her position to anyone. That is her condition.we both are different castes.they are trying to matches her.if they can do like that,she may be try to sucide . 

Sanskriti Tiwari   17 December 2023

The circumstances you've described constitute several offenses, including unlawful confinement, coercion, and possibly threats to life.

To address the situation, you could consider filing a habeas corpus petition in the High Court, seeking her production before the court. This action prompts the authorities to present the detained person in court to verify the legality of their detention.

Furthermore, you can also file a complaint under the Indian Penal Code for offenses such as wrongful confinement (Section 340 IPC) and criminal intimidation (Section 503 IPC) against her parents.

APR videosblog   17 December 2023

But the police officers do not take complaint. They threatened me and send me back . What is the solution? 

Sanskriti Tiwari   17 December 2023

If the local police are unwilling to assist, you can escalate the matter by:

1. Contact higher-ranking officers in the police department or the Superintendent of Police (SP) for intervention. Explain your situation and the reluctance of local officers to take action.

2. Seek support from legal aid organizations or NGOs specializing in human rights or women's rights. They might provide guidance, legal advice, or intervene on your behalf.

3. In instances where the police refuse to file a complaint, you can directly approach the magistrate or court having jurisdiction over the area where the incident occurred to file a complaint or petition for action.

4. Collect and document all evidence, including any threats, communications, or witnesses, to strengthen your case.

Persistently pursuing legal avenues, seeking assistance from higher authorities, and documenting evidence comprehensively can strengthen your position and compel action in such situations.

APR videosblog   18 December 2023

I already gave complaint through online in NCW(National commission for women) .they forward the case to the SP Of our district. One month is over. But SP was not approached me. And didn't take any action.then what can I do? 

T. Kalaiselvan, Advocate (Advocate)     18 December 2023

The complaint given to NCW or the local police may not fetch you the desired relief. 

You attempt to meet the SP of police directly in person and vent out your grievances in writing as a complaint and request for direction to concerned police to initiate suitable action for the desired relief. 

APR videosblog   18 December 2023

Already I went to grievances of SP. I explained all the issue.i explained like this We both are majors. But their parents house arrested her. When they know about our love matter, next day we both went to meet CIRCLE INSPECTOR,we have threaghten form her parents. But he has not take action. This is not your area station and went there , and give complaint said like this. Now she is not with me. The police are not help me. They don't go to her house and not bring her. Not enquired about her position with in my presence . Then what is the solution to save her ? Her parents trying to see matches her forcelly. If they do like that, she can't live without me. Please help in this issue

T. Kalaiselvan, Advocate (Advocate)     19 December 2023

If she is illegally confined in her house against her willingness you may take the help of a NGO or assistance of women commission and put pressure on police to retrieve her from her house 

APR videosblog   19 December 2023

Really police behaviour are very worst in gents matter. If a gent go to police station to save the girl in the love matter, if she is in bad situation(house arrest by her parents ), police don't respond. They sqarrel on me. And send me back . 


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