Habeas corpus Habeas corpus

3 years ago

I recently filed habeas corpus petition. Ours is a love marraige, but after 10 days of our marraige her parental uncle us taken her to their home without her consent. They filed a missing case of her during that time she stayed with me. But in police station they taken her statement that are telling that during that 10 days she stayed in hyderabad. But, now high court to have her statement under 164 Cr.p.c. Police version is she is in hyderabad, my version is she is with me which is true during that 10 days. What happens if she gives a statement favour to police that is she is in Hyderabad at that time and not married to him.

Pratibha Sharma

Responded 3 years ago

A.Dear Client,
As per your given information you said that you both were married to each other. Have you proof of your marriage (certificate & photos etc.)? If yes, then it's sufficient proof of your marriage. And yes it's important that if she is giving false statement before this Hon'ble court is being punishable offence.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You need to collect evidences of your marriage which will prove you innocent in the court even though she changes her statement. You can present witnesses in the court which will help you to prove that she had lived with you for that specific time.
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Anik

Responded 3 years ago

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A.Hi,
It is advisable to collect evidence that you both got married and she was staying with you for those 10 days. Evidence may include the marriage registrar's certificate, any photo, or the testimonies of the witnesses which will prove your side in the HC. So even if she changes her statement, you'll have something to prove your innocence in the court.
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Vaidehi Samant

Responded 3 years ago

A.In that case you will have to prove that marriage happened with evidences either photographs & video if available or if you have witnesses of the marriage like priest who conducted rituals or friends. Please note if you have married at registrar office than marriage certificate is enough as proof tk be submitted in the Court. Thank you.
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