• Helping a major friend elope from her parents, willingly

My girlfriend is being held by her parents in their house. She is not allowed to talk to anyone or go out. Her father wants to get her married to someone asap. But she doesn't want to get married. She is major and so am I.

My problem is that I am married right now and going to file for a divorce (mutual consent of my wife since we are clear since last 2 years it is not working out).

I want to get my girlfriend out of her house. I can secretly get her to run away. But her father might suspect its me (because they know about us). I don't know what all can he do. But he can surely file kidnapping charges I think.

I want to know whether they can arrest me for that since my girlfriend is a major. But I can't marry her right now. So till the time if we stay together, will it be a problem? And what if my girlfriend sends a letter to police that she is coming with me willingly? Can we have some proof to show that she is coming with me willingly and that she is fed up of her father?
Asked 2 years ago in Criminal Law from Mumbai, Maharashtra
Hello,
1) Yes, her father can bring about charges of kidnapping against you. However if the lady testifies before the police that she has on her own come away the charges will not stay.

2) Regardless of the fact that she is a major and willing to stay with you, you can not allow that to happen as , so long as you are married you can not enter into any relationship including a live on relationship.

3) You need to get the divorce decree before you get anything going in the new relationship.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
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1. Yes, her father can ;lodge complaint against you for eloping with a girl which is a criminal offence.
2. Your GF can not make such letter. She can send letter willfully leaving home abut she can not say that she ahs done so with you.
3. There is no way she cal fled with you. She can fled from her house and but with you.
4. First get decree of divorce then think of marrying another one.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. You can not run an affiar with her when you are married,

2. Your plan to divorce your wife does not entitle you legally to start affair with another lady,

3. She can get out of the house by sending a message to police that she has been illegally detailed by her father,

4. If she is an adult then she can stay anywhere independently but can not go or stay with you,

5. You should first obtain a decree of divorce before staring another relationship.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Your girl friend might be a major, but if you commit a crime her majority will not stand in the way of you being arrested and prosecuted by the police.

2. If you help her in eloping from the house her parents may lodge a FIR against you. Furthermore, you may also be prosecuted for adultery as you are still married. 

3. Since your girl friend is a major she can move the High Court for her release. You can file the case on her behalf. This is the maximum you can do.

4. Obtain divorce and then continue your relation with your GF.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi
1. Keep yourself refrained from any such actions which can land both of you in trouble.

2. Since you are planning to file for mutual consent divorce , wait till you get divorce.

3. two adults can be living together, but there many provision under different law and acts which you can be arrested and detained.
4. Your love for her can be justified but  nothing can be done as you cannot get her out and marry as , if you get her out of the house with you , you will have to marry her to escape from legal actions and criminal charges. But you cannot marry her ,your marriage with her will  not be legally enforceable one as you are not yet divorced your first wife.
5. If you both ran away and caught future course of legal actions cannot be predicted in your favour so  , get a divorce from your  present marriage and  do whatever is possible to be with your girl friend legally.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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