Legal Question in Criminal Law in India

Hi,

My name is Sadiq, my younger brother(age 25) has married (nikha) our aunt's grand daughter (age 19 years) against the will from both side parents. they both are major's & married to their wish. girl (bride) is under my aunt's relatives custody at another place. my parents & my aunt's family has money disputes since 2 years. Now girl's family is trying to take divorce (talak) at any cost. The local C.I, to whom my brother approached initially asking for help is now harassing my brother to sign on divorce papers.

Me and my family is supporting my brother since he has married to his will & we don't want him to get divorced.

please give suggestions about how we have to approach legally to get the girl out of their custody and the others should never involve in this.


Asked on 1/29/14, 10:40 pm

1 Answer from Attorneys

Dear client,

I think it is better to approach the High Court of your state and file a Haebeus Corpus Writ stating all the facts and she is in unlawful custody. The court will hear you and order the girl to produce before the court, and the court will ask whether she will be in unlawfull custody and whether she like to go along with her husband, if she say yes she can immediately go and stan near to her husband, I told this thing because the girl is only 19 years of age and you must instruct your advocate to request the court to explain this matter in a pleasant manner and aauuring the girl will be safe from the other party and the fact that she can tell the court she is in unlawful custody and like to go with her husband. You must engage an experienced asvocate practicing in the high court as this writ can solve all the agonies and harrassments from the side of the police and her relatives. You can even ask the court for police protection when you come along with the girl. If you need any clarification you may contact me on 09387714156 any time. (Terms and conditions apply.

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Answered on 1/29/14, 11:57 pm


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