My friend detained by her family

733 votes

Hi.. u first complain the same to jurisdictional police and take their help if they are not supporting you then you go and give complaint in state or national women's commissions and take theire help and it is illegal to detain any one against their will.
Thank you

Advocate Rama Chandra Shenoy LawRato

742 votes

Dear Madam,
You can file Habeas Corpus in Bengaluru if she is detained here. You will get a favourable order as per following provision of law.
=========================================================================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.

Advocate Kishan Dutt Kalaskar LawRato