Lawfarm Team
Asked May 21, 2016

FIR for kidnapping a 17 year old girl

  • 1 Answer
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A 17 year and 7 month old girl went away with a married man. The man has abandoned his wife and a daughter without divorce. The man has married the girl in a temple with the support of his family members. The entire matter was reported to the Police and they refused to register a FIR against the man and his family and instead registered a case for Missing Person. What should we do?

Answer 1

Default avatar
Saumya Kumar
If the man is already married then the second marriage is not valid even if all the procedures are complete and the man's family supports the couple. The Police in this case will not be able to register a case for kidnapping as the girl went away with the man on her own free choice. Generally, the husband or wife will have to appear before the Court to question the validit of the marriage. In the case of Smt. Lajya Devi vs Smt. Kamla Devi(https://indiankanoon.org/doc/223933/)it has been held that a third party can also appear before the Court to file a case to terminate the wedding if it can be shown that the third party has an interest. Therefore, the first wife of the man may file a civil suit requesting the Court to declare that the wedding is void. For more information, please refer to http://www.lawfarm.in/question/bigamy-and-eloping-with-a-minor
Agree Comment 0 Agrees 10 months ago

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