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jitendra (Assistant Engineer)     15 February 2014

Love marriage

hello sir,

humare pados mai ek ladke ne ladki se love marriage kiya dono ki age 24 &21 hai, and belongs to hindu family. they have affidavit of their marriae and also photograph of marriage in temple. par ladki walo ne FIR darz karayi hai ki ladka, ladki ko kidnapp kar ke le gaya hai and rape ki dhara bhi jodi hai. ladki apne ghar se khud ek jodi kapde ke saath 60 kms dur ek city aayi aur waha se dono apne kisi relative ke yaha chale gaye. police ne investigation kiya aur wo dono ko lekar jaha fir darz hui thi le gayi hai, MAI YAH JANNA CHAHTA HU KI JO CHARGE LADKE PAR LAGAYE HAI KYA WO SAHI HAI? AUR LADKE KI FAMILY KO KYA KARNA CHAHIYE PLZZ SUGGEST. AAPKE suggestion ka intezar hai plz its urgent.



Learning

 5 Replies

Arvind Singh Chauhan (advocate)     15 February 2014

Sub kuch ladki ke statement per depend karta hai. Agar ladki ye statement dene ko tayar hai ki wo apni marji se gayi thi to koi bhi kuch nahin kar sakta.

T. Kalaiselvan, Advocate (Advocate)     15 February 2014

This is a false case, if the police filed FIR and remanded the boy, he should after getting out on bail should go for quash u/s 482 before the high court on the basis of evidences in his possession and also to file a RCR case against his wife if she was taken away forcibly by her parents.If the parents are not allowing her and if her whereabouts are not known, you can file a haebus corpus petition (HCP) before high court to produce her.  What is the stand taken by the girl, is she willing to live with you?, If she is strong enough, she can inform her decision before the court or police, so that nobody will interfere in your affairs after that.

Arvind Singh Chauhan (advocate)     16 February 2014

T. Kalaiselvan, Advocate Sir has suggeted the proper way. If you are unable to approach to High Court you can file application under Sec 98 Cr.P.C to SDM. But as I have said every thing depends on girl.

jitendra (Assistant Engineer)     17 February 2014

thanks sir for ur suggestion.

sir, girl stands with boy.

she also said infront of SDOP, that she want to live with boy and dont want to go with their relatives, and she also said agar aapne mujhe inke saath bhej diya to ye log mujhe maar denge. par us ladki ke bayan ko koi ahamiyat nahi di gyi.

BHUWAN RAJ 09839268489 (lawyer)     17 February 2014

file a criminal writ in the concerned high court under article 226 of the constitution of India for stay of arrest and quashing of the FIR and attach all the necessary documents regarding the marriage of the couple and the documents relating to the age of the couple and the couple will have to appear in court in person when the matter comes for hearing.


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