Asked August 01, 2016

Eloping: underage

  • 1 Answer

i want to run away with my lover she is 16y 10m and me 17y 4m . she is ready to run away with me as her dad want to kill both of as so plz advice me what to do so that no FIR should be filled against me as well as on my family and can security provided to me.

Answer 1

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Saumya Kumar
It is a very common practice in such cases for parents to file FIR against the boy for kidnapping the girl. This offense is provided under Section 361 and 366 of the Indian Penal Code. The important thing is that for kidnapping under these provisions her parents will have to prove that you either forced or enticed the girl to leave her parents. Since the cases of under age elopement are quite common the courts have tried to take care of the interest of the accused. In the case of Ravi Kumar v State , Ravi Kumar (24(2005) Delhi Law Times 1) the boy who was an adult eloped and married a minor girl. The man was arrested and sent to jail while the girl was sent to Nari Niketan as she refused to stay with her parents. After he was released from the jail, the girl gave a statement that since she was in love with him she married him out of her free will. After examining entire facts the Court identified that the girl had left out of her own choice and therefore the man had not kidnapped her and the FIR was thus quashed. It is therefore very important that the minor girl who has eloped with you must clearly state her will on paper or before some witnesses so that her will can be proved before the Court. It is very difficult to prevent the parents from filing a FIR but the statement from the girl can be utilized to show that you did not kidnap her. If her father has threatened her then she can file a case under the Protection of Women from Domestic Violence Act, 2005. By this complaint, any kind of possible threat on her life can be scrutinized by the Court and can be used subsequently by you to prove that she had no other option but to leave her place due to the domestic violence.
Agree Comment 0 Agrees over 5 years ago

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