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

A young woman, aged 21, finds herself in a distressing situation in a town in Uttar Pradesh. She has been enduring significant mental anguish from her mother. To secure her peace of mind and pursue a career opportunity, she has decided to move out. She hinted to her mother that she would be traveling to a nearby city, let’s call it Lakhimpur, for a job interview. In response, her mother threatened to involve the police to prevent her from leaving and force her to return. The young woman is now fearful and is secretly planning to move elsewhere to escape this controlling environment. This raises a critical legal question: can a parent legally use the police to control the life and decisions of their adult child?

Advice in such cases

Navigating such a sensitive family issue requires a calm and informed approach. Here are some steps to consider:

• Understand Your Legal Standing: As an individual who is 21 years old, you are legally an adult in India. You have the constitutional right to freedom of movement and residence. Your parents cannot legally compel you to live with them.
• Plan Your Departure: Ensure you have your important documents (Aadhaar card, educational certificates, passport), some funds, and a safe place to go.
• Inform a Trusted Person: Let a reliable friend or relative know about your plans, not to involve them, but to have someone who is aware of your whereabouts and your voluntary decision to move out. This can be helpful if your parents file a missing person report.
• Avoid Confrontation: If possible, leave a note or send a message explaining that you are leaving of your own free will for your well-being and career. This can serve as evidence of your intent and voluntariness.
• 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 quite clear on the rights of an adult citizen.

• Indian Majority Act, 1875: This Act establishes the age of majority in India as 18 years. Once you are 18, you are legally entitled to make your own life decisions, including where to live and work.
• Constitution of India: Article 19(1)(d) grants every citizen the right to move freely throughout the territory of India, and Article 19(1)(e) grants the right to reside and settle in any part of the territory of India. Article 21 protects your right to life and personal liberty. These fundamental rights cannot be infringed upon by your parents.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the threats from your mother escalate into a serious form of intimidation, they could potentially fall under Section 350 of the BNS, which deals with criminal intimidation. Furthermore, if a parent files a false report with the police, they could face legal consequences under Section 203 of the BNS for giving false information.

If you are the complainant

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

• Acknowledge Adulthood: Legally, your child is an adult with the freedom to make their own choices. You cannot use force or legal threats to control their life.
• Consequences of False Complaints: Filing a false missing person report or making baseless allegations can lead to legal action against you under Section 203 of the BNS.
• Open Communication: Instead of threats, try to have an open and honest conversation about your concerns. Emotional pressure and threats will likely damage your relationship permanently.
• 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

As the adult child facing these threats, here is how you should proceed to protect your rights.

• Stay Firm: Remember that the law is on your side. You are not committing any crime by moving out.
• Cooperate with Police if Contacted: If your parents file a report and the police contact you, remain calm. Inform them clearly that you are an adult, you are safe, and you have left home on your own accord. You are not obligated to return.
• Protect Your Location: You do not have to disclose your new address to your parents. You may need to provide it to the police to formally close the inquiry, but you can request that they do not share it with your family.
• Document Everything: Keep a record of any threatening messages or calls. This can be used as evidence if the harassment continues and you need to seek a restraining order.
• 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

The police are bound by procedure. If a parent reports an adult child as “missing,” the police will likely initiate an inquiry. Their primary role is not to enforce parental authority but to ensure the safety and well-being of the individual. Once they make contact and verify that you are an adult who has left voluntarily and is not in any danger, their involvement typically ends. They cannot force you to speak to your parents or return home. They will close the file after confirming you are safe.

FAQs people normally have

Can my parents file a kidnapping case against me or someone helping me?
No. Since you are a legal adult, you cannot be “kidnapped” in this context. Any case filed on such grounds would be dismissed once your age and voluntary decision are established.

Do I have to go to the police station?
Often, a phone call is sufficient for the police to verify your well-being. In some cases, they may request a video call or ask you to visit a local police station to give a written statement confirming you are safe and have left on your own. This is a procedural step to close the missing person complaint.

What if my parents harass me at my new workplace or residence?
If the harassment continues, you have the right to file a police complaint against them for causing a nuisance, intimidation, or stalking, depending on the severity of their actions.

What evidence is required?

To protect yourself, it’s wise to have some evidence ready. This includes:

• Proof of Age: Your Aadhaar card, passport, or birth certificate to immediately establish that you are an adult.
• Evidence of Voluntary Departure: A letter, email, or text message sent to your parents or a trusted friend before you leave.
• Record of Threats: Any messages, emails, or call recordings of the threats made by your parents can be useful if you need to take legal action against harassment later.

How long will the investigation take?

A missing person inquiry for an adult is usually very brief. The process is administrative. Once the police locate you and you confirm your safety and voluntary departure, the case is typically closed within a few hours or a couple of days. It is not a criminal investigation into your actions.

Advocate Sudhir Rao, Supreme Court of India