Legal Question in Appeals and Writs in India

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.

we have approached a lawyer seeking help, he has submitted a writ petition 151 CPC (HC ask police not to involve) two days ago, meanwhile we have heard that the girl's father approached the local police and registered a case with sections 363, 342, 506, 420. we are not sure whether the girl has lodged a complaint with her father's pressure or they have lodged with forging her signature.

please suggest whether they can proceed with registering a case when a proceeding legally with writ petition 151 cpc.


Asked on 2/05/14, 4:12 am

2 Answers from Attorneys

before advising you we need to study all the documents including the petition filed in the highcourt.for further query contact 9312411481

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Answered on 2/05/14, 6:38 am
Rajiv Gupta +91 9811284735 KarVai Legal Solutions www.karvai.in

Has the HC granted stay in this matter thereby restraining the police ? If not seek bail and defend the case on merits.

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Answered on 2/06/14, 10:36 pm


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