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

Mr. Alok Verma and his partner, Ms. Priya Sharma, both financially independent adults in their 20s, found themselves in a distressing situation in the city of Aravalli Nagar. For years, Priya had endured significant verbal, physical, and emotional abuse from her parents. She wanted to move out but was constrained by her financial situation.

Recently, after a series of severe altercations, Priya’s parents forcibly ejected her and her 19-year-old sister, Rina, from the family home, telling them to fend for themselves. Alok, who lives in his own family’s house, offered them a temporary safe haven until they could arrange for their own accommodation.

Just four days later, the situation escalated dramatically. Priya’s parents tracked her down from her workplace and arrived at Alok’s house. They entered the property uninvited, hurled abusive insults, and physically assaulted Priya. When Alok intervened to de-escalate the conflict, he was also injured. The confrontation ended in the early hours of the morning, around 3 AM, with the parents forcibly taking the younger sister, Rina, with them.

Alok tried to reason with them, stating that he and Priya were capable of managing their lives together, but the parents dismissed his points, consumed by societal judgment about an unmarried couple cohabiting. Priya stood her ground, refusing to return to her abusive home and affirming her decision to live independently. She is currently staying with Alok while actively searching for a new place to live.

They now live in fear that Priya’s parents might file a false police complaint or, worse, hire thugs to harass them. This fear is amplified because Priya’s father has connections within the local administration. Alok’s father is fully aware of the situation and supports his son’s actions, though he is concerned for their safety and has advised them to find a new place for Priya quickly, even suggesting a temporary hotel stay to remove any leverage the parents might have.

They are seeking clarity on their legal standing, specifically wondering if the parents can file a kidnapping charge and what their rights are since the incident occurred in Alok’s own home.

Advice in such cases

• 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.
• Document Everything: Maintain a detailed log of every incident of harassment, including dates, times, and descriptions. Preserve all threatening text messages, emails, and record any abusive phone calls if legally permissible in your state.
• Inform the Authorities: You can file a formal complaint (FIR) for the offenses committed. At the very least, submit a written intimation (a ‘diary entry’ or General Diary Entry) at the local police station detailing the events and expressing your fear of future harassment. This creates an official record.
• Enhance Security: Install CCTV cameras at the entrance of your home. This can act as a deterrent and provide crucial evidence if another confrontation occurs.

Applicable Sections of Law

The situation involves several aspects of Indian law, primarily under the new Bharatiya Nyaya Sanhita (BNS) and other relevant statutes.

• Right to Cohabit (Live-in Relationship): The Supreme Court of India has, in numerous judgments, recognized that two consenting adults have the right to live together without being married. This relationship is not illegal, and no one can interfere with this personal choice.
• Assault and Hurt (Section 115, BNS): The act of the parents striking their daughter and Mr. Alok constitutes the offense of ‘Hurt’ under the BNS. If the injuries were severe, it could potentially be ‘Grievous Hurt’ (Section 116, BNS).
• House-trespass (Section 330, BNS): By entering Alok’s house uninvited with the intent to intimidate, insult, or annoy, the parents have committed criminal house-trespass.
• Criminal Intimidation (Section 351, BNS): The threats and abusive language used to harass and frighten the couple fall under the purview of criminal intimidation.
• Protection of Women from Domestic Violence Act, 2005: This is a crucial civil law. Ms. Priya can file a complaint against her parents for years of physical, emotional, and verbal abuse. She is entitled to protection orders, residence orders, and monetary relief under this Act.

If you are the complainant

If you are in Mr. Alok’s position (the one providing shelter and support):

• 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.
• File an FIR: You have the right to file a First Information Report (FIR) against the parents for the offenses of house-trespass, hurt (assault), and criminal intimidation that occurred on your property.
• Gather Evidence: Compile all available evidence. This includes CCTV footage of their uninvited entry and the assault, medical reports for your injuries, and the testimony of any witnesses, such as your father.
• Seek a Restraining Order: Through your lawyer, you can approach a civil court to obtain a restraining order or an injunction to legally prohibit the parents from entering your property or contacting you.

If you are the victim

If you are in Ms. Priya’s position (the one who has suffered abuse):

• 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.
• File a Domestic Violence Complaint: You should immediately file a complaint under the Protection of Women from Domestic Violence Act, 2005, against your parents. The court can grant immediate protection orders to stop the harassment, a residence order (even though you’ve been kicked out, this can secure your right to live elsewhere or claim expenses), and monetary relief for the abuse suffered.
• File a Separate FIR: You can also be a co-complainant in the FIR filed by Alok or file your own FIR for the assault committed by your parents at his residence.
• Assert Your Autonomy: Remember, as a legal adult, you have the constitutional right to life, liberty, and to make your own decisions, including where you live and with whom. The law is on your side.

How the police behave in such cases

Police response can be mixed. Initially, they might view it as a “family dispute” and attempt to counsel or mediate between the parties. However, given the clear commission of cognizable offenses like trespass and assault, they are legally bound to register an FIR if a formal written complaint is filed, especially when guided by a lawyer. The parents’ “government ties” might cause some initial hesitation, but persistent and legally sound action usually compels them to act. The first thing police will verify is the age of both individuals. Since both are well above the age of majority (18), any claim of kidnapping is baseless and will not be entertained seriously.

FAQs people normally have

Can they report me for kidnapping their daughter?
No. This is a common but baseless threat. Their daughter is an adult (over 18 years of age) and is legally free to reside wherever she chooses. Kidnapping laws apply only to minors or cases where an adult is taken against their will. Since she is staying with you voluntarily, a kidnapping charge is legally unsustainable and would be dismissed.

Since this is my house, not a rented property, what are the legalities of this situation at all?
The fact that it is your own house strengthens your position. You have the absolute right to decide who is allowed on your property. The parents’ uninvited entry was an act of criminal trespass. You are well within your rights to host your partner, and her parents have no legal authority to object to it or to enter your home without your express permission.

In general, what can I even do in this scenario?
You have a clear legal path forward. Your primary actions should be to file a police complaint (FIR) for the criminal acts committed by the parents and for your partner to file a case under the Domestic Violence Act. These legal actions will create a protective shield, deter further harassment, and hold the parents accountable for their unlawful behavior.

What evidence is required?

Strong evidence is key to a successful legal action. You should gather:

• CCTV footage of the incident at your house.
• Medical examination reports detailing the injuries sustained by you and your partner.
• Photographs of the injuries.
• Witness statements, particularly from your father who is aware of the situation.
• Any digital evidence, such as threatening text messages, emails, or call logs.
• A detailed written timeline of the abuse your partner has faced and the recent events.

How long will the investigation take?

Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are expected to complete their investigation and file a final report (chargesheet) in court typically within 60 to 90 days of registering the FIR. However, the subsequent court proceedings can be lengthy. A case under the Domestic Violence Act often moves faster, with courts aiming to grant interim relief, like protection orders, within a few hearings. The entire legal process, from start to finish, can take several months to a few years, depending on the case’s complexity and the court’s workload.

Advocate Sudhir Rao, Supreme Court of India