Legal Question in Family Law in India
My brother loves a girl and she loves him too. They wanted to get married but the religion difference is the barrier. They both secretly got married as per religious way and before that the girl converted her religion by her own wish. they went for registering their marriage.. they did sign for that registeration. Now the waiting of 30 days is on. but her parents came to know about this and they took away the girl to their state far away. What should my brother do now? The girl is not happy either. They want to be together..
2 Answers from Attorneys
A writ of habeas corpus can be filed in the high court in this situation.
Hello,
If your brother has married the girl after she converted her religion, then she is legally his wife and your sister-in-law now. But you say that her parents are not in favor of it and have taken her away. There are several legal remedies that you can approach, but I suggest the first thing you should do is to approach her family and try to make them understand how much the couple is in love and what it means for them. If they still do not agree to the marriage, then you can file a petition for restitution of conjugal rights. Even though this is usually used in cases of estranged couples, it can also be applicable to your situation. This will force the parents to let their daughter go and live with her husband. Your brother will require the services of a good lawyer to file the petition and get an order in their favour.
Regards,
Advocate Ashok Kumar; www.lawkonect.com