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Nitin (Trainee)     21 September 2011

Domestic violence

I am going for love marriage. But her parents not allow and put her at home. Not allowing do job, not to talk with me or anybody, emotionally blackmail, sometimes bit her, not allow to go outside home, says at any condition we will not allow to marry with me. Someone tell me to file habeas corpus petition. Please tell me the difference between habeas corpus petition and Domestic violence. Can I file complain against habeas corpus petition or Domestic violence or both? When I will file case how much time is require to get court order, will police involve in this case? When her parents come to know about this if they get time they will emotionally blackmail her or harrash her. What I can do to get immediate relief from her parents? Where I should file a case District court or other? Please help me



 3 Replies

rahul (director)     21 September 2011

your case is a fit case for habeas corpus. make sure that girl give statement in  your side.when HC issue notice to her parent. they have to bring her to court and she  will give her voice to judge. this petiiton will file in high court  and HC will decide this petitition in 1 month.

 

 

 

 

Tajobsindia (Senior Partner )     21 September 2011

@ Author

One needs to build up the case !


1.
The moment you file HCP after overcoming herculian task to convince the Bench at HC when she is produced before Bench and the moment she is asked the que. of love / right to reside / marriage (which I doubt HC will ask / go in for as it is just a que. of merit; whether she is un-willingly held without her will for which basically HCP are the provisions to use) and all that "she is bound to deny" so there goes for a toss valuation of HCP and high adv. fees spent on matter of love etal.


2. Now the moment you file Bharat Ratna DV seeking assistance of a Social Service Org. and or her jurisdiction P.O. and or via a NGO she will be subjected to court presence for hearings happing so far as possible in next 60 days and she may get protection Order (which is iobvious what you will have prayed in it) but still will live in the same environs amidst same hostile family members away from from you.


So what is the solution to all these love rama..........?


LEAVE IT TO TIME ................. Let her one day come out from her over protected environs and then seek direct remedy with her assistance / co-operation but in matters of love who prefers to wait ?

Tajobsindia (Senior Partner )     21 September 2011

oops ignore para 2 comment completely (it is not applicable in presented brief situation)................


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