Legal Question in Family Law in India
Hello Sir
I am Rajan from chennai. I am in love with a girl and she also do the same. Since we both are major we planned to get marry, before that her family came to know about our love and she has been house arrested by their parents. Is there any possibility to handle this problem legally as she is ready to marry me but only thing is she could not come out from her home. I need your complete assistance and guidance on this problem and please help me out to overcome this, that would be great for our future life.
3 Answers from Attorneys
try to approach her parents directly or through some common contact or your parents, if possible. If that does not work out, you both may do get court marriage by jointly applying. with names of three witnesses.
Or in the alternative, you may get married in an arya samaj - if both are hindus.
You should obtain a writing from her that she wants to marry you and that she has been 'house arrested'. Based on that letter, you may file a petition before the High Court under Article 226 or directly before the Supreme Court under Article 32 of Constitution of India seeking her production in the court for recording her statement. If she agrees to marry you, the court may direct her to be free from her parent's confinement giving liberty to marry.
you may file a writ petition of habeas corpus before the high court and when the girl would be produced before the court in compliance with its orders, the girl may express her intention to marry you and then the court would decide.