In India, it is a distressing reality for many adults, particularly women, to face opposition and abuse from their own families after choosing a life partner or deciding to live independently. Take the case of Ms. Anika, a 22-year-old from the city of Suryanagar. She was legally married to Mr. Rohan, but her parents, the Verma family, vehemently opposed the union. Her mother subjected her to constant emotional, verbal, and even physical abuse, trying to control every aspect of her life. The family refused to acknowledge her marriage, referring to her husband as a temporary phase and insisting she would eventually marry a person of their choice. They spread malicious rumours to tarnish Mr. Rohan’s reputation and made it clear they would never permit Anika to live with him, especially since he was planning to move abroad for work. Every attempt Anika made to leave was met with severe emotional manipulation, threats, and guilt-tripping, forcing her to return. Fearing her parents would create legal hurdles, harass her and her husband, or physically prevent her from leaving the country, Anika found herself trapped and in need of a clear legal path to assert her rights and secure her future.

Advice in such cases

When an adult individual faces such harassment and illegal restraint from their family, it is crucial to act strategically to protect their rights and safety. The law is firmly on the side of any adult who wishes to make their own life choices.

• Secure Your Documents: The most immediate step is to safely secure all your essential personal documents. This includes your Passport, Aadhaar Card, PAN Card, Birth Certificate, educational certificates, and most importantly, your Marriage Certificate. These documents are your legal identity and proof of your marital status.
• Document Everything: Keep a detailed record of every incident of abuse—be it physical, verbal, or emotional. Note the date, time, location, what was said or done, and who was present. Save threatening text messages, emails, and voicemails. This documentation can serve as crucial evidence if legal action becomes necessary.
• Create a Support System: Confide in trusted friends, relatives, or colleagues who can provide emotional and logistical support. Inform them of your situation and your safety plan. In case of an emergency, they can be your point of contact.
• Financial Independence: If possible, secure your finances. Open a separate bank account that your family cannot access and transfer any personal funds into it. Financial independence is a key component of being able to leave an abusive environment.
• Plan Your Exit: If you decide to leave the family home, plan it carefully. Arrange for a safe place to stay and ensure you have your essential belongings and documents with you. It is often best to leave when you are least likely to be stopped or confronted.

Applicable Sections of Law

The Constitution of India and various statutes provide strong protection for an individual’s right to personal liberty and choice. As per Indian law, any citizen who has attained the age of majority is free to reside wherever they choose and with whomever they wish.

• Article 21 of the Constitution of India: This fundamental right guarantees the ‘Right to Life and Personal Liberty’. The Supreme Court has interpreted this to include the right to choose one’s life partner and the right to live with dignity, free from coercion and abuse.
• The Protection of Women from Domestic Violence Act, 2005: This is a crucial piece of legislation that protects women from physical, emotional, verbal, sexual, and economic abuse by family members. A victim can seek protection orders, residence orders, and monetary relief under this Act.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the harassment involves physical harm or threats, the following sections may apply:
  • Section 115 of BNS: Pertains to voluntarily causing hurt.
  • Section 351 of BNS: Deals with criminal intimidation, which includes threatening someone with injury to their person, reputation, or property.
• The Majority Act, 1875: This Act establishes that any person who has completed 18 years of age is considered an adult and has the legal capacity to make their own decisions.

If you are the complainant

If you are the one facing harassment and wish to take legal steps to protect yourself, here is a recommended course of action:

• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an 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.
• Send a Legal Notice: Your lawyer can issue a formal legal notice to your parents or family members, warning them to cease all forms of harassment and illegal interference in your life. This notice will state that you are an adult, and any further attempts to control or harm you will result in legal proceedings.
• File a Petition under the Domestic Violence Act: You can file an application before a Magistrate to obtain a protection order, which legally restrains your family from contacting or harassing you and your husband.
• File an Injunction Suit: A civil suit for an injunction can be filed to legally prevent your parents from interfering with your married life and personal liberty.
• Inform the Police: You can submit a written complaint at your local police station detailing the harassment and stating that you are an adult living with your husband out of your own free will. This is a crucial step to preemptively counter any false missing person complaint that your family might file.

If you are the victim

As the victim of such abuse and control, your priority is your safety and autonomy. The steps are similar to those of a complainant but with an emphasis on immediate protection.

• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an 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.
• Seek a Protection Order: This is your most effective legal tool for immediate relief. A protection order under the DV Act can prohibit your abusers from committing any act of domestic violence, communicating with you, or coming near your place of work or residence.
• Secure a Safe Residence: If you are living with your abusive family, the court can also pass a residence order allowing you to reside in the shared household or direct your family to arrange for alternate accommodation for you.
• Inform Authorities About Travel Plans: If you plan to travel abroad, it is wise for your lawyer to inform the local police station and the Foreigner Regional Registration Office (FRRO) in writing. This creates an official record that you are leaving the country willingly, which can prevent your parents from creating issues at the airport by claiming you are being taken against your will.

How the police behave in such cases

Often, the police may initially view such complaints as a “family matter” and may be reluctant to formally intervene. They might suggest “counselling” or “mediation” to resolve the issue internally. However, you have the right to insist on legal action. If the local police are uncooperative and refuse to register a First Information Report (FIR) despite a cognizable offence being disclosed, you have other remedies. You can approach a senior police officer, like the Superintendent of Police. Alternatively, your lawyer can file a private complaint directly with a Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), who can then order the police to investigate the matter.

FAQs people normally have

Here are some frequently asked questions in such situations:

• As an adult, do my parents have any legal right to stop me from living with my husband or travelling abroad?
  

  No. Once you are 18 years of age, you are legally an adult. Your parents have no legal authority to control your decisions regarding your residence, marriage, or travel. Your right to personal liberty is protected by the Constitution.

  
  
• What if my parents file a false missing person complaint after I leave?
  

  This is a common tactic. To counter this, you or your lawyer should send a written intimation to the local police station of both your parental and current residence, stating that you have left home on your own accord, are safe, and do not wish to be contacted by your family. Providing a copy of your ID and marriage certificate can further strengthen your position.

  
  
• Can my parents legally challenge my marriage if they don’t approve of it?
  

  If your marriage was solemnised legally (e.g., under the Special Marriage Act or Hindu Marriage Act) and both you and your spouse met all the legal requirements (age, consent, etc.), your parents cannot have it nullified simply because they disapprove. The validity of a marriage is determined by law, not by parental consent for adults.

  
  
• What legal protection can my husband and his family get from harassment?
  

  Your husband and his family can also be protected. A protection order under the DV Act can extend to relatives. Additionally, they can file a police complaint for criminal intimidation or defamation if your parents harass or spread false rumours about them. A civil injunction can also be sought to restrain your parents from contacting or harassing them.

  
  

What evidence is required?

To build a strong case, the following evidence is highly valuable:

• Your Marriage Certificate is the primary proof of your marital status.
• Digital evidence like threatening or abusive text messages, emails, social media posts, and call recordings.
• Photographs or videos of any physical injuries.
• Medical reports if you have had to seek treatment for injuries.
• Testimony from witnesses (friends, neighbours, or relatives) who have seen the abuse or heard the threats.
• A detailed diary or log of all abusive incidents.

How long will the investigation take?

The duration of legal proceedings can vary significantly. An application for a protection order under the Domestic Violence Act is designed to be a relatively swift remedy, with courts often granting interim relief quickly. A police investigation following an FIR depends on the complexity of the case and the workload of the police. A full criminal trial or a civil suit can take a longer time to conclude. However, the initial steps, such as sending a legal notice or obtaining an interim protection order, can provide immediate relief and a strong deterrent against further harassment.

Advocate Sudhir Rao, Supreme Court of India