What can I do if my parents are forcing me to take a divorce from my husband?

My girlfriend asked me to convert me to Islam from Hindu to convince her strict parents about marriage. I did this out of my will in order to marry her. But her parents still didn't agree & made divorce forcibly as per Islamic law immediately. They have bit of political connections, my family is not beside me and my job profile has her name as wife. Her parents have also snatched all my papers of conversion and i have few photos only regarding my conversion. It happened 6 months ago. We both love each other but her parents kept her locked, so no contact. We both are adult and are not in prohibited relationship. What legal steps I can avail now to get her back? Can i file any case in kolkata high court directly? Help plz

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 23 Jan 2025

You can file a habeas corpus petition in Kolkata High Court under Article 226 of the Constitution to secure her release, citing her being an adult and held against her will. Simultaneously, file a complaint under Section 498A (cruelty) and Section 506 (criminal intimidation) IPC against her parents. Collect and preserve conversion documents, photos, and communication evidence to strengthen your legal case.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 02 Jan 2025

Under Indian law, since both you and your girlfriend are adults, you can file a Habeas Corpus petition in the Kolkata High Court alleging illegal confinement. You can also file an FIR under BNS Section 127 (wrongful confinement) and Section 351 (criminal intimidation if threats were made). Additionally, you can pursue legal action under the Special Marriage Act since you're both consenting adults, regardless of religious conversion status.

Admin
Advocate By LEAD INDIA Answered: 17 May 2023

Hello Sir,

You cannot file for the divorce as if you are not give the consent and you can approach to the high court 

To KNow more in detail please call on our helpline number 

Thank you 

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