Paid Advise

Parents filed fir under section 363 IPC against my husband and his father

Shivendra Pratap Singh

Advocate

23/04/2020

Reading Time:

I solemnised marriage with my boyfriend. This is love marriage and against the will of my parents. When my parents knew about it they filed FIR under section 363 IPC against my husband. They are torturing my husband’s family for our marriage. We are an adult person and belong to the same religion. How to protect my husband and his family from such a situation.

Question from: West Bengal

You have done nothing wrong by solemnising marriage with your consent. An adult person is competent to give valid consent under Section 5 of the Hindu Marriage Act (HMA). Your marriage is valid under HMA. If your parents are unhappy with your marriage they have no right to file a false criminal case. 

Take protection order

You should file a writ before the High Court under Article 226 of the Constitution of India. Right to choose a life partner is a fundamental right. You have exercised your fundamental right therefore such interference of your parents is invalid. 

The High Court will pass a protection order as such it may direct the local police administration to provide you security from any palpable threats. 

Quash this FIR

Your parents have abused the process of law. They have filed a false FIR under section 363 IPC. Such a false FIR should be quashed under section 482 crpc. You should prefer a petition before the High Court under section 482 crpc. 

If you (wife) move a quashing petition that her parents have filed a false FIR then the court will quash the FIR. You should mention in the petition that you have solemnised the marriage with your free will and husband did not abduct you. When the court finds that the wife has given her consent for marriage then such an allegation is false and frivolous.

In Lata Singh v. State of U.P., (2006) 5 SCC 475 the Supreme Court has quashed the false fir filed by the parents. The court held that an adult person has a right to solemnise a marriage without the consent of parents. Parents cannot file FIR because marriage is against their wish.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can investigating officer send the document to FSL?

Question: Can investigating officer send the document to FSL? I am 75 years Retd ISRO scientist in Hyderabad.  Seeking your advice/suggestion/consultation on a small clarification. I had bought 1 Acr land  in 1997 and got it mutated in 2019. ROR is in my...

Prosecution sanctioned not in three months is it valid? 

Question: Prosecution sanction by competent authority is granted after lapse of stipulated period mandated and specified under Section 19 of the P. C. amendment act 2018. Prosecution sanctioned not in three months is it valid?  Whether the sanction is valid or...

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CDR?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54