Home | Legal Advice | Criminal Law | Parents filed fir under section 363 IPC against my husband and his father

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

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.

Lawyer’s advice

Criminal case for kissing a girl

Father of a girl has filed a criminal case against me for kissing her. Now the complainant wants to compromise with an apology. Ninety days have completed but the investing officer did file a charge sheet. How much time does the investigating officer take to close...

Minor daughter can claim maintenance under section 125 crpc

I am fifteen years old and living with my married sister. A minor daughter can claim maintenance against her father if he does not provide fooding, lodging and education fee etc. My father contracted second marriage after my mother's death. He has a son out of that...

Boyfriend threatens to publish photographs on internet

Boyfriend threatens to publish personal photographs on internet to keep me away from his girlfriend. I was in a relationship with someone for seven years and we broke up due to many reasons. Even after ending the relationship he wanted to keep in touch. I let him...

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

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