House arrest and honor harrasment
Knowledge Gainer
(Querist) 14 December 2012
This query is : Resolved
I am in love with one shetty girl having address at village belman, tal Karkala, dist. Udupi, Karnataka - 576111 since last one year. Before girl taken away to village she was living in mumbai and working with me in same office. we want to marry but due to some legal complications we cannot marry till 04.02.2013. Now the girl has informed about love and her decision to marry to her family. The family members have taken away the girl to village and make her home arrest and banned her phone and her independence. Now she cannot communicate with anybody and ask for help. Her family members have started searching a groom for her and against her will and choice they want to marry her. They are against our marriage due to cast problem. The girl will not marry any other guy except me.
In such a situation how can get back her? Can I lodge police complain?
Please suggest suitable way.
Thanks
ajay sethi
(Expert) 14 December 2012
your fiancee has to lodge a police complaint that she has been placed in house arrect with local police station . ask for police preotection
or lodge complaint with national commission for Women . cops will then take action .
you can if you desire address letter to local ppolice station wherein your wife is residing complain about illegal detention .
Knowledge Gainer
(Querist) 14 December 2012
Sir thanks for reply. I have spoken to concern district Dy. Police Commissioner through mobile phone. They told if the girl files complaint than only they can take action. I am not have any legal rights on her because you are only her lover not husband.
Also my divorce case u/s. 13B of the HMA 1955 is pending before Kalyan Court and it will be finalised on 04.02.2013, hence I cannot marry her till 04.02.2013.
Suppose I complain before National Commission for Woman, whether I will be in trouble due to my pending divorce case? Whether her family members will be arrested after complaining?
My lover i.e. the girl is not allowed to move outside the home. In such a position how she can lodge police complain? Whether she can file complain by Redg. AD Post?
ajay sethi
(Expert) 14 December 2012
i had told you that your fiancee has to complainant . at present you are married . wait till your divorce . the fact you are alreaDY MARRIED MUST HAVE BEEN A FACTOR IN HER PARENTS DESIRE NOT TO LET THEIR DAUGHTER MARRY YOU .IF AFTER YOUR DIVORCE THE GIRL IS INTERESTED LET HER TAKE THE INTITATIVE .
DOUBTFUL NCW WILL CONSIDER YOUR COMPLAINT
Knowledge Gainer
(Querist) 14 December 2012
Girl knows about my divorce case. She has no problem to wait till divorce. She is ready to leave home and ran away and marry me. My divorce case is 3 yrs old and thereafter I have filed new divorce case on 01.08.2012 u/s 13B of HMA 1955. The present girls is not a reason for divorce.
Our concern is during this period her parents don't get her marry forcefully.
Sudhir Kumar, Advocate
(Expert) 14 December 2012
How are you sure that on 4.2.13 the divorce case will be decided.
You hae already spoken to the DSP and he has in his best of wsdom declined to act without her complaint. In Indian law and culture police cannot knock the door of any one on the complaint of a stranger (who is already married and divorce yet to happen) saying that her parents are marrying their daughter to some other person.
Your questions are ansered as under :-
Suppose I complain before National Commission for Woman, whether I will be in trouble due to my pending divorce case?
Ans : Technically No.
Whether her family members will be arrested after complaining?
Ans : No you will be arrested for disturbing peace of the family as the girl in all probability will depose in favour of her family.
Whether she can file complain by Redg. AD Post?
Ans : Yes. Even by ordinary post also.
Raj Kumar Makkad
(Expert) 14 December 2012
I fully endorse the views of Sudhir on this query.
