Legal Question in Criminal Law in India

Dear Sir,
I did love marriage against the girl�s parent�s wish, we did marriage at temple and they issued marriage certificate to us. After performance of marriage my wife called to her parents and reports the incidence and she tells that we are leaving for some visiting places. We leaved our residential places for 1 month; Girls parents lodged missing FIR in their native city. meanwhile my wife post the complaint against her parents that they are giving trouble to us and send it by email and FAX to the concern police station and SP office of that city. After 1 month police traced us from our email id and we have taken online railway e-ticket. She refused to go with police and she had telling to them that whatever you want to take my statement I am ready to record my statement on this spot only, we both are major but they didn't listen anything and they have given her custody to her parents. After that all thing got changed, might be they forced her to do complain against me and they have lodged FIR against me with the s. 366, 376 R/w 34 and after 1 month additional section 420. And they make her victim.
Then I had to be in jail for around 105 days, I was released on bail before 4 months, Now they are demanding that they want divorce from me, so they can help us to quash/withdraw the case, but I am demanding that just I want to meet her and talk with her for her opinion but they are not accepting my term.
They have made complaint against one of the my friend, but he filed the application u/s 482 for quashing of proceeding in high court and high court accepts his application and discharged him from case, application is allowed and judgment states that;
1. The prosecutrix, aged 24 years, well qualified, was apparently in love with ABC (accused no.1) They decided to have marital tie with each other. Applicant XYZ (accused no.2) is a friend of accused no.1 Marriage ceremony of accused no.1 and the prosecutrix was performed at a temple. Photographs are displayed by Advocate showing marital affairs between said accused no.1 and the prosecutrix.
2. In the statement of father of the prosecutrix or brother, events dated xx.xx.xxxx, of prosecutrix leaving parental abode, are indicated. Her telephonic communication dated xx.xx.xxxx to her parents and her brother illustrate that she had married to accused no.1 and had left for visiting places of various siteseeing and pilgrimage.
3. Manager of Temple, refers to presence of an Advocate making a request for arranging marriage of the prosecutrix and the performance of marriage according to Hindu Vedic rites.
4. The role ascribed to the accused/applicant is to facilitate prosecutrix to move away from the lawful custody of her parents, to ensure her marriage with accused no.1. The primary evidence does not suggest that the prosecutrix was under any influence exerted by the applicant. She was not allured or enticed to leave parental abode. Section 361 of IPC defines kidnapping. It says, kidnapping from lawful guardianship, enticing any minor under eighteen years of age out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian.
5. Here, admittedly, the prosecutrix is 24 years old. Section 366 of IPC deals with kidnapping, abducting or enticing a woman, to compel her marriage. The prosecutrix, from the scenario of the events, volitionally moved, allegedly, with the applicant, to join her paramour. There was no intention of the applicant to compel her to marry any person, against her will. There was nothing to show, the applicant seduced the prosecutrix to illicit intercourse or illegalities. There is no criminal intimidation as defined under the Code.
From the above judgment are there any chances for allowing of my application u/s 482 as like my friend, so I will also get relief from this case.
I want to know about that is there any possibilities to file the case of Restitution of Conjugal Rights, so I can get back her or is there any provision in law that I can meet my wife .
I have ample proof of our marriage like marriage certificate provided by temple authority, marriage photographs and video clips, her complain made against her parents, her stamp paper requesting marriage permission to temple authority etc.
Please suggest me.
Thank You!

Asked on 3/22/13, 11:36 am

2 Answers from Attorneys

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you may file Habeas Corpus writ petition before the High Court of your state, reciting that you married the girl aged 24 with her consent at a temple as per the customs prevailing you may produce photos if necessary and was living as husband and wife, your furious parents took her with forcefully and now in the illegal custody of her parents. And request the High Court to issue directions to the parents of your wife to produce here before the High Court. If once she was produced the judge will ask relevant questions if she agrees that she is in illegal custody and like to live with you, the entire series of cases will automatically come to an end and both of you can lead a happy life . Risk factor :- you must be 100 percent sure that your wife will take a favorable stand and she still loves you, otherwise this process is dangerous and waste of time. Good Luck.

Answered on 4/08/13, 10:36 am

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