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

In a recent query, we came across the case of Ananya, a 22-year-old woman living in the city of Navipur. She found herself in a deeply distressing family environment, facing what she described as significant emotional turmoil due to her parents’ overly controlling and restrictive behaviour. Feeling that her mental well-being was at stake, Ananya made the decision to move out of her parental home and live with her partner, Sameer. However, she was filled with anxiety about the potential repercussions. Her primary concern was whether her parents, being unhappy with her decision, could use the police to force her to return or file a false criminal complaint against her partner, Sameer, for kidnapping or abduction, even though she is a legal adult making her own choices.

Advice in such cases

Navigating such a sensitive family situation requires a calm and legally informed approach. When an adult decides to leave their parental home, emotions can run high, leading to potential legal complications initiated by disapproving family members.

• Stay Composed: It is crucial to remain calm and not act impulsively. Your decisions should be well-thought-out and deliberate.
• Inform a Trusted Person: Keep a reliable friend, relative, or mentor informed about your situation and your whereabouts. This person can act as a witness to your voluntary decision if needed.
• Secure Your Documents: Ensure you have all your important personal documents with you, such as your Aadhaar card, birth certificate, passport, and educational certificates.
• Communicate Clearly: If you feel safe doing so, you can leave a written note or send a message to your parents stating that you are leaving of your own free will and are safe. This can sometimes pre-empt a missing person complaint.
• 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

In India, the law is quite clear on the rights of an adult individual. Here are the key legal provisions that apply:

• The Indian Majority Act, 1875: This Act states that every person domiciled in India shall attain the age of majority on his completing the age of eighteen years. Once you are an adult, you are legally entitled to make your own life decisions.
• Article 21 of the Constitution of India: This fundamental right guarantees the protection of life and personal liberty. The Supreme Court of India has interpreted this to include the right to live with dignity, the right to privacy, and the right to choose one’s own partner and place of residence.
• Bharatiya Nyaya Sanhita, 2023 (BNS): The laws relating to kidnapping and abduction (Sections 136 to 146 of the BNS) are primarily designed to protect minors and individuals who have been taken against their will or by deceit. These sections cannot be invoked if an adult, with a sound mind, leaves their home voluntarily. Any attempt to file a case under these sections would be a misuse of the law.

If you are the complainant

If you are a parent or guardian in this situation, it is important to understand the legal boundaries and the rights of your adult child.

• Acknowledge their Adulthood: Legally, your child is an adult with the freedom to make their own choices, including where and with whom they live. The law does not grant parents authority over their adult children.
• Avoid False Complaints: Filing a false police complaint for kidnapping or abduction can have severe legal consequences. You could face prosecution for providing false information to a public servant or for malicious prosecution under the BNS.
• Seek Dialogue: Instead of resorting to legal threats, try to have an open and calm conversation. Understanding their perspective might help in resolving the underlying issues.
• 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 individual leaving home, you are not a “victim” in the eyes of the law, but a rights-bearing citizen. However, you may become a victim of harassment. Here is how to protect yourself:

• Proactive Intimation to Police: You have the right to visit the local police station in your area (and the area you are moving to) and submit a written application or “intimation.” State your name, age, that you are leaving your parental home of your own free will without any coercion, and provide your new contact details. Request the police to take it on record (as a General Diary or “GD” entry). This creates a record of your voluntary action.
• Informal Communication: Send a formal communication (via registered post A.D. or email) to your parents or the local Superintendent of Police, informing them of your decision. Keep a copy of this communication and the postal receipt.
• Record Evidence of Harassment: If your family members harass you at your new residence, do not hesitate to record the incidents (if safe) and file a police complaint against them.
• 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

Typically, when a parent files a missing person report for an adult child, the police are obligated to locate the person to ensure their safety. Their procedure is generally as follows:

• Verification of Well-being: The primary objective of the police is to find the person and verify that they are safe and acting of their own free will.
• Recording a Statement: The police will ask the adult who has left home to come to the police station to give a formal statement. In this statement, you must clearly assert that you are an adult and have left voluntarily.
• No Coercion to Return: Once the police have confirmed your age and voluntary decision, they cannot force you to return to your parents’ home. They will close the missing person complaint and inform the parents that their child is safe and has left willingly.

FAQs people normally have

Can my parents file a kidnapping case against my partner?

No. If you are an adult (18 years or older) and have accompanied your partner willingly, it does not constitute kidnapping under the Bharatiya Nyaya Sanhita, 2023. The police will close any such complaint after recording your statement confirming your consent.

What if my parents physically try to stop me or lock me up?

This would amount to wrongful confinement, which is a criminal offence under Section 71 of the BNS. You have the right to call the police for help in such a situation.

Do I have a right to my personal belongings left at my parents’ house?

Yes, you have a right to your personal property. If your parents refuse to return your belongings, you can send them a legal notice through a lawyer and, if necessary, file a civil suit for the recovery of your property.

What evidence is required?

The most crucial piece of evidence is proof of your age. You should always have access to:

• A government-issued photo ID with your date of birth, such as an Aadhaar Card, Passport, or Voter ID Card.
• Your Birth Certificate or Class 10 school certificate, which is also considered valid proof of age.
• Copies of any written intimations you have given to the police or sent to your parents.

How long will the investigation take?

This situation does not usually lead to a lengthy investigation. Once the police locate you and record your statement confirming you are an adult who has left voluntarily, the matter is typically closed within 24 to 48 hours. There is no formal “investigation” into a crime, as no crime has been committed.

Advocate Sudhir Rao, Supreme Court of India