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

Ms. Anjali, a bright 18-year-old from the city of Aravalli, found herself in a distressing situation. Her parents, though well-meaning, were extremely controlling, having forced her into a course at a local college she had no interest in. Feeling her personal freedom and future being compromised, Anjali decided to make a change. For several months, she worked as a freelance writer, diligently saving money. Her plan was to move to the city of Ratnagiri in six months, once she turned 19 and had saved a substantial amount. She planned to stay near her childhood friend, Mr. Varun, whose family was supportive. However, Anjali was worried about the legal repercussions. She feared her parents might file a missing person’s complaint and use their influence to force her back home. She was unsure how to secure her independence without creating a legal battle, concerned about being tracked through her documents and what steps she needed to take to ensure her decision was respected by the law.

Advice in such cases

When an adult decides to live independently against their family’s wishes, it is crucial to handle the situation with foresight and legal awareness to prevent unnecessary complications.

• Secure Your Documents: Ensure you have all your original documents, such as your birth certificate, educational certificates, Aadhaar card, and passport. If they are with your college or parents, formally request them in writing.
• Financial Independence: Open a bank account in your own name as soon as possible. Being financially independent is key. Ensure your savings are in an account that only you can control.
• Update Official Records: Update your personal mobile number and email address on all official documents, especially your Aadhaar card and any bank accounts. This prevents your family from accessing information or OTPs related to your accounts.
• Communicate Your Decision: Once you leave, it is advisable to inform your parents of your decision in writing (via email or a registered letter). Clearly state that you are leaving of your own free will, are safe, and do not wish to be contacted. This creates a record of your voluntary departure.
• Inform the Authorities: To pre-empt a missing person complaint, you can visit the local police station in the city you move to. Submit a written statement (an affidavit is even better) declaring that you are an adult, have left your home voluntarily, and are not under any threat or coercion. Provide a copy of your age proof. This ensures the police close any potential inquiry quickly.
• 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 primary legal principle supporting an adult’s right to live independently is enshrined in the Constitution of India.

• Article 21 of the Constitution of India: This article guarantees the fundamental Right to Life and Personal Liberty to every citizen. The Supreme Court of India has interpreted this to include the right of an adult to choose their own way of life, reside wherever they wish, and live with dignity, free from coercion.
• Indian Majority Act, 1875: Under this Act, any person who has completed 18 years of age is considered an adult (major) and is legally entitled to make their own decisions regarding their life, career, and residence.

Once a person is 18, their parents or guardians no longer have legal custody over them. They cannot be forced to live with their parents against their will.

If you are the complainant

If you are a parent whose adult child has left home and you are concerned for their safety, here are the appropriate steps:

• File a Missing Person’s Report: You have the right to file a missing person’s complaint at your local police station if you are unable to contact them and genuinely fear for their safety. Provide all relevant details to the police.
• Understand the Law: Be aware that if the police locate your child and they are found to be an adult (18 years or older) who has left voluntarily and is safe, the police have no authority to force them to return home. Their role is limited to verifying the person’s well-being.
• Respect Their Decision: Legally, an adult child’s decision to live separately is their right. Any attempt to force them back through illegal means can lead to legal action against you.
• 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 individual who has decided to leave home to live an independent life, here is what you should do to protect your rights:

• Establish a Paper Trail: Keep a record of your communication (email, letter) to your parents stating your voluntary decision. This serves as crucial evidence if they allege kidnapping or coercion.
• Prepare an Affidavit: It is highly recommended to get an affidavit notarized. This legal document should state your name, age, that you are an adult, and that you are leaving your parental home of your own free will without any influence or pressure.
• Inform Local Police: After moving to your new residence, submit a copy of this affidavit along with a formal letter to the local police station. This proactive step helps nullify any missing person complaint filed by your family.
• Secure Communication: Use a new phone number and email address that your family does not know about to ensure your privacy and prevent digital tracking or harassment.
• 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

When a missing person complaint is filed for an adult, the police’s primary duty is to locate the person and ascertain their safety and well-being. Once the person is found, the police will verify their age and record their statement. If the adult confirms that they left voluntarily and are not in any danger, the police’s role ends there. They will close the missing person’s file and inform the complainants (the parents) that their child has been located, is safe, and has left of their own accord. The police cannot and will not compel an adult to return to their parental home against their wishes.

FAQs people normally have

Here are some frequently asked questions in such situations.

What evidence is required?

The most important piece of evidence is your own statement, preferably given to the police in person or through a notarized affidavit. Key documents to support your case include:

• Proof of Age: Any government-issued ID like an Aadhaar card, birth certificate, or Class 10 certificate that proves you are 18 years of age or older.
• Written Statement/Affidavit: A clear, written declaration of your voluntary decision to live independently.
• Proof of Communication: A copy of the letter or email you sent to your parents informing them of your decision.

How long will the investigation take?

The duration of a missing person investigation can vary. However, if you proactively inform the police in your new city of your whereabouts and your voluntary decision, the process can be expedited significantly. Once the police where the complaint was filed receive confirmation from their counterparts in your new location, they can close the case, often within a few days.

Advocate Sudhir Rao, Supreme Court of India