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

This situation involves two adult sisters, let’s call them Ms. Kavita and Ms. Sunita, residing in the city of Alokpur. Both sisters are over 18 years of age and are financially independent. They are currently living in a psychologically and emotionally abusive family environment, with the imminent threat of being forced into marriage against their will. Recognizing the severity of their situation, they have made the difficult but necessary decision to leave their family home permanently, cease all contact, and start a new life. Their primary concerns revolve around potential harassment from their family through the police and the societal challenges of finding safe and secure rental accommodation as single women who have estranged themselves from their family.

Advice in such cases

• Plan your departure discreetly. Ensure you have a safe place to go to immediately after leaving.
• Secure all your essential personal documents, including your Aadhar card, PAN card, passport, educational certificates, and bank details.
• Inform a trusted friend or colleague about your plans and your new whereabouts, so someone is aware of your situation.
• If possible, create a digital backup of any evidence of abuse or threats, such as messages, emails, or call recordings.
• 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

As Indian citizens above the age of 18, your rights are protected by the Constitution and various statutes. Key legal provisions include:

• The Constitution of India: Article 19(1)(e) grants every citizen the fundamental right to reside and settle in any part of the territory of India. Article 21 guarantees the right to life and personal liberty. No one can compel an adult to live somewhere against their will.
• Bharatiya Nyaya Sanhita (BNS), 2023: If your family attempts to physically stop you from leaving or confines you, it could amount to offences like wrongful restraint (Section 143 BNS) or wrongful confinement (Section 144 BNS). Any threats to harm you constitute criminal intimidation under Section 350 BNS.

If you are the complainant

Should your family try to harass you, file a missing person’s report, or use force to bring you back, you become the complainant. In this scenario, you should:

• 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.
• Immediately go to the nearest police station and file a written complaint. Clearly state that you are adults, have left your home of your own free will due to an abusive environment, and do not wish to be contacted by your family. This preempts any false complaint your family might file.
• Your lawyer can also send a formal legal notice to your family, warning them against any attempts to contact, harass, or defame you, and stating that legal action will be pursued if they fail to comply.
• Keep a copy of your police complaint and any acknowledgment received from the police station.

If you are the victim

If you are a victim of family abuse and face subsequent harassment or non-cooperation from authorities, you have several remedies:

• 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 the police are uncooperative or biased, your lawyer can help escalate the matter to a senior police official, such as the Superintendent of Police.
• An alternative is to file a private complaint directly before the Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The court can then direct the police to register an FIR and investigate.
• Your lawyer can assist you in filing for a protection order from the court, which legally restrains your family from coming near you or contacting you.

How the police behave in such cases

It is a valid concern that local police may sometimes act based on patriarchal biases. However, the law is unequivocally on your side. An adult cannot be forced to return to their family against their wishes. While a lawyer cannot be “bribed” to act against your interests and cannot physically command the police, their presence fundamentally changes the dynamic. A lawyer ensures that the police adhere to the due process of law. Any deviation or illegal action by the police will be documented by your lawyer and can be challenged in court, holding the specific officers accountable. The presence of legal counsel signals that you are aware of your rights and are prepared to enforce them, which is a powerful deterrent against corruption and misconduct.

FAQs people normally have

Can landlords refuse to rent to single, estranged women?
While the Constitution prohibits discrimination, in practice, landlords have considerable discretion. This is more of a social hurdle than a legal one. The key is persistence. Focus your search on metropolitan areas or neighbourhoods with a higher density of young professionals, which tend to be more progressive. Co-living spaces can also be an excellent and secure initial option.

Are gated communities a safe option?
Gated societies generally offer higher physical security. However, residents’ associations can sometimes be intrusive. You are not legally obligated to disclose your entire family history to a landlord or a society. You can simply state that you are two financially independent adults seeking a safe place to live. A well-drafted rental agreement, vetted by your lawyer, is your primary protection.

Where can people in such situations find safe housing?
Look for properties in localities known to be friendly towards students and working professionals. Using reputable online rental portals and engaging with professional real estate agents can filter out many problematic landlords. Stability and security come from choosing the right neighbourhood and having a legally sound rent agreement in place.

What evidence is required?

To leave your home as an adult, no evidence is required. It is your fundamental right. To secure a protection order or file a case against your family for harassment, evidence such as threatening text messages, emails, call logs, or recordings can be very powerful. Testimony from a friend who has witnessed the abuse or threats can also serve as evidence. A copy of the police complaint you filed stating you left willingly is also a crucial piece of evidence to counter any false claims made by your family.

How long will the investigation take?

If you are simply informing the police that you have left home willingly, there is no “investigation.” The police will make a note in their records (a diary entry) to close any potential missing person’s report. If you file an FIR for harassment or criminal intimidation, the investigation timeline can vary. However, the new BNSS aims to make the process more time-bound. Your lawyer can file applications to monitor the progress and ensure the police conduct their investigation diligently and promptly.

Advocate Sudhir Rao, Supreme Court of India