to get his wife
Kamlesh soni
(Querist) 22 January 2009
This query is : Resolved
sir , my one client had married in different caste. he had done all necessary document like marriage registration and girls affidavit about her decleration of her wish and marriage. after one month her father go to in court. court take a action as a form of search warrant by 98. so police took the girl and give up to her father though girl was not ready to leave her husband's house.now which action we have to take so that my client will get his wife?
Tribhuwan Pandey
(Expert) 23 January 2009
If the marriage is legal. You may file a writ petition under Article 226 in the nature of Habeas Corpus before the concerned High Court.
On action of the court police will have to produce the girl before the court and the court will quarry the girl to whom she wants or where she is secure.
sanjeev murthy desai
(Expert) 23 January 2009
I agree with Mr. Tribuvan, I think marriage is legal and you can file wp as stated above.
sanjeev desai
A. A. JOSE
(Expert) 23 January 2009
Agreed with above views. Habeas Corpus is the proper remedy.
Raj solanki
(Expert) 23 January 2009
i also agreed with aforesaid view and you may also file a case under section 9 Of Hindu Marriage act for the restitution of conjugal right in the family court.
smilingadvocate
(Expert) 24 January 2009
Mr. Kamlesh
Its better to go for a writ as stated by tribhuwan and also invoke PROVISIONS OF RESTITUION OF CONJUGAL RIGHTS.
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
