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Forceful retention in home be parents


26-Mar-2023 (In Family Law)
I'm a girl of 26 yrs old working in mnc in Banglore. I like a guy of 28 . Because of it my parents house arrested me in a place kadapa Andhrapradesh. I want to know the legal procedure to resume back to my work. Can heabus carpos can be filed? If so where it should be filed? In AP r Karnataka. I'm not allowed to use phone also, can't even complain in local police station as I'm not allowed to step out of house. How can I get rid of this situation.Please do suggest
Answers (1)

Answer #1
780 votes
Dear Madam,
You can get file Habeas Corpus petition before High Court of Karnataka through your best friend and get a direction to the Karnataka police who in turn come over to Andhra Pradesh and get release you. You may see the following judgment and material.
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I. Habeas Corpus
The expression “Habeas Corpus” is a Latin term which means ‘to have the body’. If a person is detained unlawfully, his relatives or friends or any person can move the Court by filing an application under Article 226 in High Court or under Article 32 in Supreme Court for the writ of Habeas Corpus.
The main objective of this writ is to provide immediate remedy to person unlawfully detained, whether in prison or private custody. The detention becomes unlawful if a person who is arrested is not produced before the magistrate within 24 hours of his arrest. Also the law under which the person is detained must be lawful, if the law itself is unlawful then the detention is also unlawful.
The scope of the writ of habeas corpus has considerably increased by virtue of the decision of the Supreme Court in Maneka Gandhi v. Union of India[1] and also by the adoption of forty-fourth amendment to the Constitution. Since the judicial interpretation of Article 21 has extended the magnitude of the concept of the personal liberty and the Court introduced the element -of fairness and justness in the ‘procedure established by law’, now a writ of habeas corpus would lie if the law depriving a person of his personal liberty is not fair, just and equitable.
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Nobody has right to interfere if two adults get married, says Supreme Court
NEW DELHI: No one, either individually or collectively, has the right to interfere in a marriage between two consenting adults, a Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra said on Monday.
The bench sternly told khap panchayats not to assume the role of conscience keepers of society and said courts would go by the law and not tradition and 'gotra' considerations to determine the legality of a marriage.
Senior advocate Narender Hooda, appearing for some khap panchayats, said khaps encouraged inter-caste and inter-faith marriages as they had permitted Haryanvi men to marry women from other states given the skewed sex ratio in the state.

Solemnization of Marriage under Special Marriage Act
The purpose of this Government Order is to ensure that the defined process of service delivery for the Solemnization of Marriage under Special Marriage
Act is followed. This would facilitate the electronic delivery of services through the instructions and guidelines as described in the following sections of the
Government order. The important components of service delivery process is being listed below –
1. Process for Registering service request for Solemnization of Marriage under Special Marriage Act
The request related to Solemnization of Marriage under Special Marriage Act can be accepted at the Common Services Centre established under
Government of India 100000 Common Service Centre (CSC) scheme under NeGP and Suwidha centers operational in the state or any other
arrangement made by Government for accepting the request, without discretion of any kind. The Government Official should now onwards accept the
service requests through electronic channel only. The applicant has option to submit a service request through any of the below mentioned procedures:
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