• Can there be any legal action against us?

If a girl above 18 years leaves her house and then her parents file a complaint to the police, is there any such law that says that she is violating the Constitution?
Imagine a girl runs away from her house, say for any reason, like her parents weren't allowing her to marry the guy of her choice or her parents are forcing her to stay with them on and not to leave the house..
Any family would lodge a missing persons or some other complaint.
Considering the fact that she is above 18 years, is the girl breaching any law by doing this?
Can she do this? 
Or can her parents file a case and get her back?
I and my girlfriend both are above 18 I'm 19 years 2 months old and she is 18 years 4 months old.
Sir/Ma'am I need your advise.
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

Hi, If the girl is more than 18 years and if she consented for marriage, than her parents can't do anything.

2. Even though her parents can lodge a missing complaint but if she come before the police stating says that she has voluntarily left the house then the police will not do anything.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

Hi, Some High Courts have said that even though boy has below 21 and above 18 years, he can marry, it is better both of you stay together for one or two years and then you can marry her.

2. Suppose, if her parents takes her home forcefully, than you can lodge a police complaint against her parents.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

Dear concerned

Yes being adults you can stay together and can marry once you are 21 - in fact this is a good thing that you wI'll get to know each other more when you stay together.

However do remember that to stay independently you need money for living expenses - so you should have decent job in hand. Also think 40 times before taking such a big leap - cause at this age career is more important then settling down or love.

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1)the girl is adult and free to take her own decisions

2) she is not acting in violation of any laws

3) ggirl should by letter addressed to local police sttaion mention that she left house on her own accord because her parents were forcing her to marry against her wishes

4) you are only 19 years olfd . you have to be 21 to marry your girl friend

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

you should not stay with the girl under one roof without marriage

2) you should only after you attaion age of majority marry her .

3) complete your studies start earning then think of marriage

4) if parents take girl against her will file police complaint against parents

5) girl should approach national or state commission of women and complain against her parents

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. if a person is missing then her family members can definitely lodge complaint with police but once she is traced and found to be adult then police of her family members can not force her to come back , stay with her parents or listed to the dictates of her parents.

2.So filing of case by her aorents can be done to unearth her location but once that is done she can not be forced to stay with her parents.

3. Since your GF is 18 years she can stay with you but you can not marry her till you attain the age of 21 years.

4.No law can stop your GF from refusing to come back to her parents

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

An adult girl, if decides to abandon her maternal home and decides to stay separately away from her parents, there is no law that can stop her from doing so or proceeding as per her desire and decision.

Her parents cannot interfere in her decision nor can put any pressure on her to bring her back to home.

Her family may loge a complaint under man missing case but if she emerges and reports at police station, the police also cannot stop her from proceeding with her own decision.

You cannot marry her because you have not attained the eligible age for marrying her.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Thank you sir for your response, i just have one more confusion that I'm still 19 years old so i can't marry her for at least two years. So can we stay under one roof without fear of any kind of legal action? And what should we do if her parents takes her home forcefully against her will?

For live in relationship there is no age restriction, you both can live in a relationship as per your desire or decision. Your marriageable age is 21 years and she can marry at the age of 18 years also.

If her parents take her away forcibly then she may lodge a complaint with the local police station about this.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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