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

by | 23 Apr, 2020 | Criminal Law

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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.

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