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namita (none)     06 October 2012

Inter state arrest warrant

dear members ,

i need kind advice of yours in my case.

i m frm haryana and i m in love with a boy from other state. we married in arya samaj 3 months ago. My parents dont knw abt this. now if i go to my husbands place without informing my parents , my parents will file an f.i.r of kidnaping or any such things on him. The police will also help my parents and issue arrest warrant against my husband. 

so i wanted to knw when they come to bengal for arresting my husband , what bengal police will do as we have all the legal documenent , age proof, id proof, arya samaj marriage certf, video of marriage. my age is 22 years and the boy is 26, well earning businessman.

will bengal police directly handover my husband to haryana police seeing the arrest warrant or do they have any power to intervene seeing the docs and my statement

 

we are afraid as hearing all honour killing news abt haryana almost daily, we dont wanna come to haryana again

 

pls suggest the precautions and steps we shud take

waiting for reply

Namita



Learning

 7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 October 2012

IF that is the case then you can by filing a writ of mandamus in the high court, seeking the court's directions ordering the police in the state to give you protection.

 

Feel free to talk !

 

Bharat Chugh - Advocate Supreme Court of India

Tajobsindia (Senior Partner )     06 October 2012

Agreeing to brother Bharat and to add to his reply, suggested to file the Writ of Mandamus at State’s HC in Kolkatta making local Police as first party before apprehension turns into reality later on inspite of having valid Arya Samaj Mandir Marriage Certificate.

Otherwise all your apprehension may turn into possible irritations to legally married couples life and to in-laws too.

First mover advantage is necessary before local or Haryana Police causes harm to your matrimonial life by their lack of sensitivity.

Anish Thakur 7018812737 (advocate)     06 October 2012

dear querist ,

i advise you to register your marriage to get the marriage certificate and once you get the marriage certificate you can show it as proove that you are legally weded wife and husband and you are not kidnapped.and also follow the procedure suggested above by our respected forum members.

namita (none)     06 October 2012

Thanks all for ur valuable information. As now i m at my parent`s house, can my husband file the writ of mandamus or we both have to go to court for this.

futhermore, one query was left unanswered that if haryana police gets my husbands arrest warrant and comes to bengal, can bengal police deny them to arrest him

Anish Thakur 7018812737 (advocate)     06 October 2012

yes,haryana police can get arrest warrant of your husband and can arrest him in bengal too,bengal police can stop them from doing so if your husband will get Anticipatory bail in this regard.

namita (none)     07 October 2012

CAN ANY1 TELL WHO ISSUES A N ARREST WARRANT, WHETHER CHIEF JUDICIAL MAGISTRATE OR DIST MAGISTRATE OR JUDICIAL MAGISTRATE 1ST CLASS. 

THE CASE IS FROM DISTRICT HEADQUARTER TOWN

namita (none)     10 October 2012

DEAR ALL, I NEED POSTAL ADRESS OF SOME GOVT OFFICERS LIKE, DIST MAGISTRATE, DEPUTY COMMISIONER, CHIEF JUDICIAL MAGISTRATE, SUPT OF POLICE, D.S.P , ETC OF A PARTICULAR DIST IN HARYANA

 

ON ENQUIRY, SOME ONE TOLD ME JUST ADRESS THE LETTER TO THE OFFICER WITH NAME OF DISTRICT AND PIN CODE AND THE SAME WILL REACH TO HIM. IS THIS TRUE AOR I NEED FULL ADRESS


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