How to save my wife from her parents torture
20-Feb-2023 (In Family Law)
Sir/Mam Me and my wife married in December 2016 from arya samaj mandir and registered our marriage with marriage registrar under Special marriage act 1954 and I have the certificate with me. On knowing that we have married the parents of my wife took her to their home and refused to accept the marriage and denied me of my legal right to live with my wife. I made a written complaint to SP, IG and local SDOP body. Later I also filed a case u/s 97 CRPC in the court and the court gave a search warrant for my wife but the police filed in the court that my wife wasn't at her parents house and the court closed the case. My wife made contact with me several days ago from some unknown number telling that she isn't allowed to walk out of the house and she is kept with some relatives and begged me to do something to save her. Our marriage was intercast that's why her parents want me to divorce my wife and leave her. I will do anything to save her. Kindly suggest.
since you have tried it find your wife and case registered was closed you will not be given relief from that case
There is a provision of habeus corpus in the constitution of india through which you can find your wife
You can direct file petition in high court for remedy of habeus corpus
There is a provision of habeus corpus in the constitution of india through which you can find your wife
You can direct file petition in high court for remedy of habeus corpus
Next time whenever you get call from your wife, ask her immediately that where she has been kept, i.e. exact location/address of place she has been kept.
Giving that address and the new unknown mobile number, file a Writ of Habeas Corpus before the High Court. By this writ, the High Court will order the local police to present the girl (your wife) before itself.
Meanwhile, you should also file again the same application under Section 97 of CrPC giving that new address and that new unknown mobile number.
Giving that address and the new unknown mobile number, file a Writ of Habeas Corpus before the High Court. By this writ, the High Court will order the local police to present the girl (your wife) before itself.
Meanwhile, you should also file again the same application under Section 97 of CrPC giving that new address and that new unknown mobile number.
YOU MAY PREFER A WRIT PETITION BEFORE THE HON'BLE HIGH COURT IN VIEW OF THE LAW LAID DOWN IN THE CASE OF
Lata singh v.state of Uttar Pradesh, AIR 2006 SC 2522
The Supreme Court viewed the right to marry as a component of right to life under Art 21 of Indian Constitution the court observed that:
“This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste marriage the maximum they can do is that they can cut off social relations with the son or daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such intercaste marriage”.
Both the parents in the case were adults and so free to marry of their choice.’ there is no bar to an inter-caste marriage under Hindu marriage Act or any other law’. intercaste marriages are in fact in the national interest as they will result in destroying the caste-system.
Lata singh v.state of Uttar Pradesh, AIR 2006 SC 2522
The Supreme Court viewed the right to marry as a component of right to life under Art 21 of Indian Constitution the court observed that:
“This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste marriage the maximum they can do is that they can cut off social relations with the son or daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such intercaste marriage”.
Both the parents in the case were adults and so free to marry of their choice.’ there is no bar to an inter-caste marriage under Hindu marriage Act or any other law’. intercaste marriages are in fact in the national interest as they will result in destroying the caste-system.
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