How to save ourselves

nd what abt dragging us to haryana court??its their area and her parents can doo nything with money nd political influence

if you elop and hide somewhere in friends place together for 1 month then what would they do  filing cases??..keep the marriage certificate with you..

Mr. jena as far as political influence is concern it is the matter of behind veil . you are seeking  legal advice, our learned friend's advice is sufficient for justice and before justice every body have to knelt down. Legally you and your wife is not wrong but must clear that she  will cooperate you and stand before court in favour of you. You may contact with local advocate in your state he will advice well. But kidnapping or any other case wil not stand if she is in favour of you.

Pls tell me can they issue any warrant such as production warrant and get us produced before court in haryana

You are legally wedded couple.  File a writ of Habeas Corpus before the concerned High court.  Court will direct the police for production of your wife.

If your in-laws initiates any criminal action like kidnapping etc. against you, move the High Court for quash of the said proceedings by filing marriage certificate.  Supreme court in Lata Singh vs State of U.P. in the year 2006  issued guidelines for protection of young couples who perform intercaste marriages.  It will be helpful for you.

but if they file any case like kidnapping or abduction against me in haryana, the haryana police will come to my home in orissa to arrest me. how to save myself from being arrested ?? I am ready to file a petition in orissa high court for our protection. will that petition and anticipatory bail stop them from arresting me? also suggest, can we go in front of our local magistrate and record my wife`s statement that she has married me on her own will or we have to be present before the magistrate of haryana court

Two things you have to do:

1.  After she comes to you, immediately get your marriage registed under Section 8 of Hindu Marriage Act with sufficient evidence.  It will take only a day and you get the certificate.

2.  Both you and your wife move a joint writ petition of mandamus (not hebeas corpus as suggested by some one) in the High Court of Orissa, making the DG of police and SHO of your area and also DG of Orissa as parties seeking the police protection to both the petitioner couple.  Your local advocate appropriately draft the relief part in this writ petition, so that no one can by filing false kidnapping / abduction case drag you to Haryana.

Dear Chandu,

The queriest stated that at present his wife was with her parents house and that they were planning to get a kidnap case registered against him.  That's why I suggested him to file writ of mandamus for production of his wife before court.

Dear Sh. Sridhar, It is not my intention to point out any error in your legal advice. My understanding of the question is that both the enquirer along with his wife would like to run away to live some where peacefully without any malicious prosecution against them. In the light of that understanding I have given such advice. warm regards.

chandu sir, thnks 4 ur advice

i would like to say that my family members are totally with us and ready to do anything for us. we dont have to run anywhere. i will take my wife from her parental home and come back to my home in orissa. Just we alll are tensed of all legal and illegal actions

Facts of case

1. He is 28( Orissa), She is 22( Haryana). 

2. Boy gets married to girl from conservative family and society.Gets a marriage certificate. 

3. Boys fears

(a) " its their area and her parents can doo nything with money nd political influence"

(b) Girls area is known for honor killing. 

-----------------

General Opinion and Comments. 

1. Law, Court, Legal advice in certain cases are moot. Family traditions, culture, izzat, samaaj,mulk etc all have to be considered before taking any steps forward. 

2. You or your new wife may very well be found dismembered and this has happened in a recent case in Haryana and the police wrote the matter off as suicide. Please check the archives on LCI. There are several other stories ( facts), several unreported. 

3. Legal notices and summons may aggravate the other party to a point where an entire village will drive from Haryana to Orissa and burn down the Petitioners village. Such incidents have happened in India and the advocate and his papers may just go down in ashes. Be forewarned and accept reality of Indian culture, family traditions. 

Certain assumptions

1. Petitioner has an education and the girls family may consider "respectable enough". 

2. Petitioner has a job and is able to support himself. 

3. Petitioner over the course of 2 years has established minimum acceptable civil relations with the girls family.

Courses of actions 

1. Given the potential threat to the girl and boys life and limb and the history of burning, killing and dismembering of the girl or boy in eloping cases in Haryana, it is not adviced to move the court first. 

2. Petitioner has to craft tactful approaches to win the respect of the girls parents. Following this, the boys parents or the elders of the area where the girl resides can be approached requesting for matrimonial alliance with the girls family without the boy becoming dominant in the picture. The elders should be given the background of the boys education, health, family backgound etc. 

3. Solicit a response from the girls family. Depending on the response of the girls parents and family, in confidence disclose ( or dont disclose)  to the village elder that a marriage has taken place and that Petitioners parents begs the elders to get involved in peace making and settlement. 

4. Exhaust all peaceful approaches first before thinking of court and eloping. Post the response and developments to this forum for collective wisdom.

5. Finally, dont do anything stupid like getting her pregnent. You are walking a tight rope. You may not be in a position to post on LCI ever again if you dont take utmost care. 

Thnks all for ur generous replies! Last but not the least , i would like another help from learned people here that now we are going to write a letter to police and judiciary system of haryana stating our problem.

Just wanna know to whom all should we mark a copy each of the letter so that our case can be strong. In my opininon we have thought of writing to SHO, SSP, DG of police, Magistrate **, District magistrate, Human rights commission, and to the chief justice of high court, haryana.

Would that be sufficient or any alteration is suggested. Moreover to which** magistrate shud we send our letter as our view is send it to the one who issues arrest warrant in this kind of case if police registers any fir against me

Waiting for your earnest replies