Hello,

AS of now you two do not share any legal relationship and therefore you can not approach the court at this juncture to claim her custody.

As an informant you may inform the same to the police and if the police refuses to lodge an FIR then you may approach the magistrate and lodge an FIR under section 156(3) of the Cr.P.C.

regards

File a FiR with medical evidence. Involve local media. Approach superior police officers. If all are not helping approach High Court in Writ petition.

1.Since you are not married with her as yet you can not take legal action except to inform the police,But if your GF does not lodges complaint in writing then you can not do much.

2.hence if both of you are adult and serious with each other then without wasting time marry her in temple and then register the marriage under Hindu Marriage ACT. This would not take more than 4-5 days to complete.

3.Once you do that you can seek all kinds of legal resources including approaching the high court in its constitutional writ jurisdiction agaisnt police inaction if it fails to give you protection along with prosecuting the attacker of your wife.

Act accordingly.

1) she should call emergency Police helpline for ladies

2) she can also complain against her family members to national commission of women

3) obtain medical certificate as to nature of injuries

4) it would help out in making a case against her family members

5) if Police refuse to lodgeFIR file private complaint before magistrate under section 156(3) cr pc to direct Police to investigate and submit report

Please move a writ petition of habeas corpus to protect her and set free in the High Court for the matter to be heard to. The HC will call the respondents along with the girl and if she is really in trouble the HC will direct the police to provide protection.

In front of HC she may pray as she wish.

Please understand that there is a solution for every problem in law. Your girlfriend have a right to not be tortured and beated by anyone. Your girlfriend has a right to live in peace and with liberty.

It's an unfortunate fact that many parents still think that , slapping or hitting is the correct way to deal with obstinate children and prevent undesirable behaviour. These people fail to understand that constant abuse scars the child for life and in fact reinforces violence in the child.

You and your girlfriend should immediately lodge an FIR before its too late. It is a sorry state of affairs in country where police officers are totally corrupt. It is a common notion that people are often refused an FIR registration. If concerned police officer in charge refuses to register the FIR or does not take action on the registered FIR then you can approch any senior officer of police or the superintendent of police or commissioner of police with written complaint. If the superintendent of police or commissioner of police refuses then your girlfriend can file a writ petition in madhya pradesh high court. Writ petition is filed for violation of fundamental rights. Court can direct the police to take action.

You say that one of her uncle is in assembly of state government. But please understand that no one is above the law. Let me be clear - no one is above the law. Not a politician, not a priest, not a criminal, not a police officer. 

At last i just want to say that human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.

Don't give up. Fight for rights. I am sure your girlfriend will get justice.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

1) habeas corpus petition is filed in HC to direct Police to produce the girl as she is being detained against her wishes

2) it cannot be filed against her uncle

3) women Police helpline will help the girl if she is detained against her wishes

Moving writ to HC is the only option which is best suitable in this case.

Respected sir...

You have to give complaint to police Station for loading the FIR if there is influence or police denies to lodge FIR give a complaint to S.P of your district ...It is really sad that she is getting beaten up for this.

It pains me to see parents do this to their grown up daughter.

Please seek some legal help. I'm doubtful if it will be helpful as police or even some lawyers will dismiss you saying 'they are her parents'.

If possible ask her to stay at her relatives place. Preferably the ones who are a little more sensible.

I doubt if your parents will let you live her at your place.

Even if you live with your room mates and you ask her to live with you for a couple of weeks, both the options can backfire.

The girl's family can easily claim you kidnapped her or your family was involved or come up with any scenario just to get her back.

Last resort would be to ask her to move into a hostel for a couple of weeks.

If you are 25 and above and have a stable job, consider marriage.

If not, wait till things settle down for a while.

Do not leave a girl who just got beat up for you just go and take legal action against all the family members but you must have some proof or evidence on wich you have to file complaint....

Thanku

Hello , in such cases it is advisable to take help of women cell , media and also the NGO working for the women protection .. Try and make a police complaint in the women cell of nothing fruitful comes out approach media

You do not have any right to file writ of habeas corpus. Had you been her husband then you would have filed habeas corpus.

Yes as told earlier as an informant you can intimate about the situation to police or to women helpline.

Regards

Habeas corpus is for someone whom you want to produce before court from unlawful detention. If the girl is unlawfully detained then you can. The police will secure her presence before court.

Hi

You initiate the process by filing a complaint of kidnapping of your gf by her uncle.

Then on the basis of the injuries of your gf file a complaint against her family under various sections of IPC like 323,325,326 which ever is applicable as per medical reports.

If her uncle tries to influence the system by his political powers then file the complaints to the S.P of your area and make the matter highlighted in media and social digital platforms.

Thank You

Wrong language, don't use "b....sh...it"

Tell her to file a complaint to the commissioner of police or approach judiciary by filing a private complaint.

First of habeas corpus does not lie if she is still accessible.

If it is maintainable then also you do not have any locus standi to file such petition.

So best option is to inform the Police and then marry her.

He turmoil will continue and unless you gets legal rights about her you may not manage protecting her further from her family members.

Writ of Habeas Corpus is only remedy against the illegal Detention. the principle that a person in detention under any enactment authorizing preventive detention or is in illegal detention of any private individual has a right to approach the High Court under Article 226 of the Constitution of India in a Habeas Corpus.

The object of the writ of Habeas Corpus is to secure release of a person who is illegally restrained of his liberty. Where the detenu is not in detention, he may pray for a writ in the nature of certiorari to quash the impugned detention and/or writ in the nature of mandamus for restraining the authorities from arresting him but once he is arrested a writ of Habeas Corpus is the only remedy available against the illegal detention. The liberty of a citizen is a precious right, which cannot be transgressed by anyone, including the detaining authorities.

Regarding the topic of who may apply for the writ it has been expressed by courts in different cases that the detainee or the confined, as well as whatever other individual who knows about the benefits of the case, and is familiar with the actualities and circumstances and has perceived enthusiasm for moving of such application before the court can apply under Art. 32, and Art. 226 of the Constitution.

So you can move the High Court to have her released from the shackles imposed by her parents. It is illegal to hold against will a person who has attained the age of majority. They can also be prosecuted for subjecting her to illegal restraint. Also you can lodge a police complaint against her parents for illegal detention against her wishes. The fact of love and willingness to marry each other should be emphasised and the apprehensions of danger to her life to be insisted in the complaint. If the local police is not cooperative then the higher police official may be approached for intervention and direction to local police to retrieve the girl from illegal custody.

1. In these circumstances you can file a habeas corpus petition in the High Court on her behalf to release her from the illegal detention of her family members.

2. The HC will order the police to produce her before it whereupon it will set her free if the girl says she is under illegal detention.

3. Women helpline will be of no help, approach the HC without any delay.

4. Her uncle won't be able to manage the HC.

If you have credible evidence in this regard, report the matter to the Police and request them to rescue the girl.

Alternatively, you can take help of a NGO working to strengthen women rights and get the girl rescued.

Having said that, take any of the above two suggested steps only in case you are fully aware that this girl is with you and will later not deny knowing you or supporting you.

Yes u can file a writ petition in high court, but that won't matter alot as family members are considered to be the safest place for a girl. However if your advocate is good enough he can very well enlighten the judge.

Get an FIR lodged if you have a good contact with someone in police station, try taking help of media people or publicize it on social meadia (Call logical Indian) or mang pages like this.

And in case anyone of her family is supportive or is in contact with you ask her to Lodge an FIR asap.

If you are afraid of her powerful uncle then you have to wait for her to come out of the house and brave the police.

Under the circumstances, any action taken by you will backfire and you will be in deep trouble.

Her uncle with his influence may implicate you in false cases and push you inside.

You will not be able to come so easily and in the meantime they may try to get her married off to someone.

It fully depends on how she is able to manage to flee her house and you take her away to a different place, go into hiding, get married to her and then come outside.

Once you are married then you can face them legally.

You should plan things meticulously and secretly to achieve your object.

Can we write petition of habeas corpus on his uncle.he is a goverment secotry of assambly and he detain her in his house.if it is possible the it is the write way.if you can tell me what is the secour condition to take this step .....and is her uncle can denie that she does not have the girl. Plz tell me in detail and is the women helpline have the power to handle this type of condition because his uncle will try to impect on the helper of any type of commission.plz tell me in detail

You are no one to the girl yet hence no petition by you under HCP will be maintainable.

Especially her uncle cannot be dragged to the scene, he will manage police to send them back with blank figure.

Try some other method.

The women commission also may not be able to take any action on such things until there is a complaint from her directly.

File writ of habeas corpus in High Court.

Yes you can file writ of habeas corpus. What you have not given information regarding her parents.

Hi,

With so many responses already you have, you are suggested to approach high court under writ jurisdictions.