Parents refute marriage

Sir/Mam Me and my wife married in December 2016 from arya samaj mandir and registered our marriage with marriage registrar under Special marriage act 1954 and I have the certificate with me. On knowing that we have married the parents of my wife took her to their home and refused to accept the marriage and denied me of my legal right to live with my wife. I made a written complaint to SP, IG and local SDOP body. Later I also filed a case u/s 97 CRPC in the court and the court gave a search warrant for my wife but the police filed in the court that my wife wasn't at her parents house and the court closed the case. My wife made contact with me several days ago from some unknown number telling that she isn't allowed to walk out of the house and she is kept with some relatives and begged me to do something to save her. Our marriage was intercast that's why her parents want me to divorce my wife and leave her but I love her as much as she loves me and I will do anything to save her. Now I don't know what to do and how to save my wife from her parents. Kindly guide me what to do I will be highly obliged. Regards Dharmesh

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2 Answer(s)

File writ petition in high court for production of your wife and mention unknown number  through which she recently talked to you for her safety. 

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Hi,

 

I would like advise to file a Writ of habeas corpus  under Article 226 of the Constitution which means that court will order the appropriate authority to present the body of the person before the court.Now, this is supposed to be filed when there is unlawful detention, therefore the parents may be charged for the unlawful detention with the help of the evidence and your wife will be protected. Now, by producing the certificate of marriage the legal right can also be claimed.

 

Regards,

 

Jayant Garg 

Answered on February 28, 2017.
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