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What to do my girlfriends parents filed a case under POSCO


29-Jun-2023 (In Family Law)
Sir am 20 years old and my lover 18 years 3 months we are married ,her parents took away her and kept kidnap case and sec 12 of pocso and I came with bail ,sir I want my wife sir what shall I do and I had my marriage certificate and photos plz help me
Answers (5)

Answer #1
653 votes
Hi..you have so many legal options available through court if u want your wife back from her parental home. Its upto you which you decide to choose whether through lower court or high court. You must act as fast as you can to get your wife back.
Answer #2
819 votes
Apply for bail.. if only you have proof of her age and your marriage with her. Secondly if you have proof of marriage then file a case for restitution of your conjugal rights. Thirdly, be very vigilant in pursuing the cases.
Answer #3
804 votes
Hearty congratulations,

I am sorry but the marriage is an void marriage (invalid). Only a writ court can validate it. Try to find out of the girl is still interested to be with you, then you can approach the court for validating it.

Because you are on bail do not violate the bail conditions while contacting the girl.
Answer #4
894 votes
you have to prove in court that you married the girl with her consent and also when she was above 18 only then will the marriage be legal and you can be aquitted from the case and get back your wife...
Answer #5
614 votes
POCSO or The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was established to protect the children against offences like sexual abuse, sexual harassment and pornography. The Act defines a child as any person below eighteen years of age.
So, this act cannot be applied against you because your lover’ age is 18 years and three months, but it should be according to her birth certificate or matric certificate. However, you should consult a good lawyer for your case. You should also note that for marriage registration your age should be 21 years and your girlfriend age should be 18 years. In this case, your age is short of one years. So for the marriage, you should wait for one year.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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