Habeas Corpus petition
1 month ago
I am 45 years old (Hindu) and married. Recently I fell in love with another woman (Muslim ) of age 24 years. I was working in her native place and we both ran away for approximately one week and stayed in many hotels. We have established physical intimacy also. Her parents filed a missing person FIR in the nearest police station. To pacify her parents, she wanted to visit and stay in a PG of her native place. But her parents confined her at home and ceased her mobile and other personal properties. I just want to know that she is safe and not being treated cruelly or forcibly married to another person against her wish. What should I do legally??
A.Dear Client,
Living together as a couple without obtaining a divorce from their previous spouses does not meet the criteria for a "live-in relationship" or a recognized form of marriage. This situation constitutes the offense of bigamy under sections 494/495 of the Indian Penal Code, which carries a punishment of imprisonment for a minimum of seven years or more, depending on the gravity of the offense. In certain cases, a fine may also be imposed, or both imprisonment and a fine may be levied, depending on the severity of the crime.
If the woman's parents have filed a First Information Report (FIR) at the local police station, citing criminal charges such as kidnapping or abduction (Section 364A IPC), wrongful confinement (Section 34 IPC), and criminal intimidation (Section 506 IPC), you could face serious consequences. This is in addition to potential charges of bigamy under Sections 494/495 of the IPC.
Living together as a couple without obtaining a divorce from their previous spouses does not meet the criteria for a "live-in relationship" or a recognized form of marriage. This situation constitutes the offense of bigamy under sections 494/495 of the Indian Penal Code, which carries a punishment of imprisonment for a minimum of seven years or more, depending on the gravity of the offense. In certain cases, a fine may also be imposed, or both imprisonment and a fine may be levied, depending on the severity of the crime.
If the woman's parents have filed a First Information Report (FIR) at the local police station, citing criminal charges such as kidnapping or abduction (Section 364A IPC), wrongful confinement (Section 34 IPC), and criminal intimidation (Section 506 IPC), you could face serious consequences. This is in addition to potential charges of bigamy under Sections 494/495 of the IPC.
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A.Dear Client,
A couple living together without divorcing their previous spouses does not qualify as a "live-in relationship" or a form of marriage and this constitutes the offense of bigamy under sections 494/495 of the Indian Penal Code that attracts punishment of imprisonment for seven years or more, depending on the crime. In some cases, a fine is also charged, or both are charged together, depending on the crime severity. If the parents of the woman have lodged an FIR for missing their daughter in the local Police Station mentioning the criminal charges of kidnapping or abduction(Sec.364A IPC), wrongful confinement (Sec. 34 IPC), criminal intimidation (Sec.506 IPC), you may be booked by the police and have to face severe consequences apart from the charges of bigamy under Sec. 494/495 of IPC. Reach out to an Advocate for guidance and steps.
A couple living together without divorcing their previous spouses does not qualify as a "live-in relationship" or a form of marriage and this constitutes the offense of bigamy under sections 494/495 of the Indian Penal Code that attracts punishment of imprisonment for seven years or more, depending on the crime. In some cases, a fine is also charged, or both are charged together, depending on the crime severity. If the parents of the woman have lodged an FIR for missing their daughter in the local Police Station mentioning the criminal charges of kidnapping or abduction(Sec.364A IPC), wrongful confinement (Sec. 34 IPC), criminal intimidation (Sec.506 IPC), you may be booked by the police and have to face severe consequences apart from the charges of bigamy under Sec. 494/495 of IPC. Reach out to an Advocate for guidance and steps.
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