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Shweta (Lawyer)     26 December 2016

Wrongful confinement of wife

Hi all,

A married B against the wishes of both their families  according to the rituals of Aryasamaj at Bhopal. Post marriage when my B i.e the wife went back to her house her parents have forcefully locked her and confined her in their house woithout any contact with outside world. She is not even allowed to talk to A. A resides in Bombay due to his job. He does not have support of his family either. A wants to start cohabiting with B in Mumbai but is unable to to get in touch with her as her family is not allowing her. In such case what is the remedy available to A. Pleas eexplain in detail what can be done.

Regards

 



Learning

 5 Replies

Nitish Banka (lawyer)     26 December 2016

File habeus corpus writ in high court to get a jist about the situation

Thanks & Regards

 Nitish Banka

Adv. Supreme Court

Shweta (Lawyer)     26 December 2016

Thanks Nitish, This writ would have to be filed at Bhopa HC or could be filed at Mumbai HC as well?


(Guest)
Originally posted by : Shweta
Hi all,

A married B against the wishes of both their families  according to the rituals of Aryasamaj at Bhopal. Post marriage when my B i.e the wife went back to her house her parents have forcefully locked her and confined her in their house woithout any contact with outside world. She is not even allowed to talk to A. A resides in Bombay due to his job. He does not have support of his family either. A wants to start cohabiting with B in Mumbai but is unable to to get in touch with her as her family is not allowing her. In such case what is the remedy available to A. Pleas eexplain in detail what can be done.

Regards

 

YOu can take help of police by way of giving complaint against your in-laws that they have kept her under false imprisonment.

Doing like that may also backfire, as there is chance of your inlaws asking your wife to file a case of rape on you and many other cases.

What I suggest is, you forget this female and find some other female and getting married.

Though your marriage is legally valid as it is done in Arya samaj.  Marriage done against wishes of parents is no marriage at all.  For marriage there should be consent of not just boy and girl but for parents of both the boy and girl.  Eloping and marrrying looks good on silver screen, not in real life.

You may also file a complaint against your inlaws and see what goes on next.  Anything you have to do it now, and very quick.  Time and tide wait for none.

layer   27 December 2016

if A is not allowed to talk to B, get C (Cop  / Court)

Vivek H Bedarker (A)     27 December 2016

All options are open. Like writ. But other options include tricky ones like simple missing complaint / honour killing anticipated fear complaint (if that is the situation)/ suspected kidnapping etc. But better stick to court option if you cannot influence police to go to her house. But all this is not so easy as you think because you dont know whether B really wants to be with A. If B testifies against A then its jail for him.

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