If you are stuck in such a situation, here is what to do.

In a recent query, a young adult named Priya, aged 21, from the city of Aloknagar, expressed her concern. She plans to move out of her parental home to live with her partner, Rohan. Her primary worry is whether her mother can legally use the police to prevent her from leaving. This scenario is quite common in India, where familial expectations often clash with an individual’s legal right to personal liberty upon attaining adulthood. As an adult citizen of India, Priya is legally entitled to make her own decisions, including where and with whom she chooses to live. However, parents, driven by concern or social pressure, sometimes attempt to involve law enforcement, creating a stressful and legally complex situation.

Advice in such cases

If you find yourself in a similar situation as Priya, navigating it requires a calm and informed approach to ensure your rights are protected without unnecessary conflict.

• Plan your departure. It is better to leave at a time when a confrontation is less likely. Inform your partner or a trusted friend about your plans in detail.
• Keep your important documents with you, such as your Aadhaar card, passport, birth certificate, and educational certificates. This is crucial to prove your identity and age.
• Communicate your decision calmly but firmly to your parents, if possible. Reassure them of your well-being, but be clear that the decision is yours and final.
• Consider making a General Diary (GD) entry at a local police station before you leave, stating that you are an adult leaving your home voluntarily and without any coercion.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework in India is clear on the rights of an adult. The primary legal principles involved are:

• The Indian Majority Act, 1875: This Act establishes the age of majority in India as 18 years. Once a person turns 18, they are legally considered an adult, competent to make their own life decisions.
• Article 21 of the Constitution of India: This fundamental right guarantees the protection of life and personal liberty. The Supreme Court has interpreted this to include the right to choose one’s own path in life, including marriage and residence, once an individual is an adult.
• Bharatiya Nyaya Sanhita (BNS), 2023: Parents might attempt to file a complaint of kidnapping. However, Section 136 of the BNS, which deals with kidnapping, is only applicable if the person is a minor. Since Priya is 21, a charge of kidnapping is not legally sustainable. If parents physically prevent an adult child from leaving, they could be liable for wrongful confinement under Section 147 of the BNS.

If you are the complainant

If you are a parent in this situation, it is important to understand the legal limitations and potential consequences of your actions.

• Acknowledge that your child is a legal adult with the right to make their own choices. The law does not grant parents authority over their adult children’s lives.
• Filing a false police complaint, such as for kidnapping, can have serious repercussions. You could be prosecuted under the law for providing false information to a public servant and for malicious prosecution.
• Instead of resorting to coercion or false complaints, try to maintain open lines of communication with your child.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the adult child and your parents call the police, here is how you should handle the situation.

• Do not panic. Cooperate with the police and calmly state your name, age, and that you are leaving of your own free will.
• Present your proof of age, such as an Aadhaar card or passport, to the police officers. This immediately establishes that you are an adult.
• Clearly state that you are not being forced or coerced by anyone and that your partner is simply assisting you at your request.
• The police may ask you to provide a written statement confirming that you are leaving voluntarily. Comply with this request as it officially documents your position and helps close the matter.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police response in such domestic situations can vary. Initially, they often act as mediators, influenced by the family’s emotional pleas. They might try to counsel you to “rethink” your decision or to reconcile with your parents. However, their legal duty is clear. Once they verify that you are an adult and are not a victim of any crime, they cannot legally compel you to return home. Their role is limited to ensuring that no cognizable offence, like abduction, has taken place. After taking your statement confirming your voluntary departure, they are legally bound to let you go.

FAQs people normally have

Here are some frequently asked questions in such scenarios:

• Can my parents file a missing person report?
  Yes, they can. However, once the police locate you and you confirm that you are safe and have left on your own, the missing person case will be closed.
• What if my parents refuse to give me my personal belongings?
  Your personal belongings, including clothes, documents, and other items you own, are your property. Withholding them can amount to criminal misappropriation of property. You can seek legal recourse to recover them.
• Can my parents threaten my partner?
  If your parents threaten your partner with harm, it could constitute criminal intimidation under Section 350 of the BNS. Your partner would have the right to file a police complaint against them.

What evidence is required?

The most critical piece of evidence for the adult child is proof of age. An Aadhaar card, passport, driver’s license, or birth certificate is sufficient. Additionally, any communication (like text messages or emails) that shows your independent decision to leave can be helpful. A pre-emptive General Diary (GD) entry at the police station is also a strong piece of evidence demonstrating your voluntary intent.

How long will the investigation take?

An “investigation” in such a case is typically very brief. It is not a criminal investigation in the traditional sense. The process usually involves the police contacting the adult child, verifying their age and well-being, and recording their statement. Once it is confirmed that the person is an adult who has left voluntarily, the police will close the complaint, often within a day or two.

Advocate Sudhir Rao, Supreme Court of India