LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Love

I was in love with a girl from past 1 year , now when she girl told her family about us .. because of intercaste they locked there daughter in the home.. now it has been 6 days i am not able to contact her... what i can do to set her free from there. please help



Learning

 9 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 April 2012

Dear Mr.Kumar,

They are committing the offence of Wrongful Confinement/Criminal Intimidation by keeping her there. You can file an application u/s 97 of the CrPC before the local area Magistrate - on which the Magistrate would order the production of the girl before him. 

You can also file the writ of Habeas Corpus before the High Court of your state. 

Feel free to talk !

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 April 2012

Dear Querist

 

You should file an application before SDM or DM of the district in which she is residing and SDM/DM have power to issue search warrant against parents if the girl is major. but think one thing, if the girl give any statement against you when she appear before the magistrate, it will not be good for you. if you are 100% sure that girl is your side then do that otherwise not.

feel free to call

Kumar (Family CEO)     11 April 2012

Dear Sandeep Kumar " Incharge IT"

Practical life and love life are two different entities. It is your theory that due to intercaste the girls parents dont want her to contact you.  The girls parents may have different views about who their daughter should have relationship with. Parents have every right to made decision about who their child develops relationships or contacts. 

Can you provide some more information on the following lines:

- How old are you ( If you are a minor, student - case closed)

- How old is she ( is she is a minor - case closed)

- Do you have a job ? 

- What is your education ?

- How do you know the gils parents "locked" the girl in her home. Do you keep a watch of their house all day ( which means you dont have a job and are a road romeo )

- Do you have money to hire a counsel/lawyer ?

-Lets say your lawyer gets a court order to set the girl free - what will you do next. Can you keep the girl in your home ? You are probably your Daddy and Mummys son - think of how your parents will take this.

Love is not practical life and practical life is not all love. Wake up and stop being a Romeo. Who knows, this girl might be another incarnation of Utpala. Forget her - focus on your health and job and love will find you. 

All the best. No malice intended. 

A.VIVEK ADVOCATE (ADVOCATE)     11 April 2012

LET ME KNOW WHAT IS YOUR AGE AND THE YOUR LOVER AGE


(Guest)

listen dear .. am 27 and girl is 23 .... and am IT Engg. working and earning and ready to marry girl... under pressure a girl can change her statement in front of judge .. but i have msgs which send by my gf to me which are enough to prove that she love me and her parents are against her.

Kumar (Family CEO)     12 April 2012

Dear Sandeep Ji

Thank you for the supplemental information. Now, I will make a prayer to you not to use phrases like "listen dear.." on the LCI form , especially in response to leaned advocates. It could get mis-interpreted and you may solicit a reaction such as, " who are you to say - listen". 

Now, coming to the issue proper, you are a grown man with a respectable job and are quite capable of conitnuing the relationship with the girl. You have not mentioned your intentions - do you want to marry her ? In Indian law, if I understand there is no legal standing yet for domestic partners.

For a moment, lets assume that you can provide evidence that the girl expressed her love to you and you have reciprocated and it is mutual - now what. Now, your take is that the girls parents are preventing the girl from developing  or encouraging this relationship. If you had a daughter, would you like her to have a relationship with a boy that you dont respect or one who has not yet won your respect as a father. 

If you get a lawyer involved, the girls parents may lock you in a room separate from their daughter. Dont take panga with someones daughter who doesnt willingly give their hand to you. 

If you elope with the girl, you are inviting more trouble to your life and limb- think carefully - anything is possible in  India. You may jeopardize the safety of your own lawyer also. Leave the girl alone and focus on your career. Encourage the girl to study and focus on her own career, if she so chooses.Isnt it obvious that the girls parents have no respect for you. 

Corollary - Try to win the respect of the parents of the girl. Love business will fade away. What will stand is mutual respect and trust which is concrete. 

 

Vishwa (translator)     12 April 2012

Dear Sandeep,

It would seem that some of the lawyers are not so learned after all. I can tell you really shocking stories not only about their ethical and moral deficiencies but also their incompetence.

It is totally illegal to lock up any person and this is an offence for which the parents ought to go to jail. Whether you love the girl or you are entitled to marry her etc do not enter the equation. It is a violation of basic human rights. Just go ahead and get your girlfriend freed and I am sure there are many in this forum who will give you meaningful support.

Bon courage

Vishwa


(Guest)

thanks a lot for being with me...
 

what action can court take against me if , under presseure girls refuses that she was not locked....??

Kumar (Family CEO)     12 April 2012

Hi Sandeep

1. What evidence do you have that the girl is "locked up". Certainly that is inhuman but what you state appears to be heresay and remember your personal testimonial is going to be under the pains of perjury and if you lie, you are in more serious trouble. 

2. I am not a lawyer and not giving legal advice. If girls statement is not aligned with your stated claims, you have dragged an innocent girl and innocent man into the court - there will be repurcussions of such act - legal harassment, false accusation, mental agony and what not. You may be liable for other partys attorney fees, lost wages and what not. 

Give it some time to cool off. You have not won the respect of the girls parents and if you want to live happily, you need blessing of the elders and the society in which you both exisit. You are in India and not in the Western world. 

While in Rome, be a Roman.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register