Hello sir I'm Dr.rajashri. last 4 years a young girl was working in my clinic now she is 21 years old.she comes from a extremely poor family and belongs to ST communius.. She lost her mother 3 years back after which her father was absconding for 3 years,he's a chronic drunkard.she also has 3 elder brothers who are also drunkards. So she looks upon me and my husband as her own parents. 23 days back her father got her married in a hurry to a boy who is 17 years elder to her. At her in laws place she was I'll treated so she came back to native place with her brother., instead of going to her house she has come to my house as she is scared that her relatives will force her to go back.she is dead against going back.
My question is can I keep the girl in my house as long as she wishes to stay without any legal problems.we are afraid her husband may file false kidnap case and her relatives may file false forceful detention case and ST abuse case on us.
Legally what can be done to keep the girl safe with us.
Asked in Family Law from Belgaum, Karnataka
The girl is seeking asylum in your house, she is a major by age. So she is entitled to stay in your house as long as she wants.
For this she has to lodge a complaint within the jurisdiction of where your house is located, stating the true facts about her marriage, torture in the hands of her husband and in-laws, and fear for her life from her own parents who might force her to go back with her husband and in laws. This should protect you from any kind of false complaints that might be lodged by her husband or inlaws including her own parents. She must categorically state that she is filing this complaint voluntarily and that she fears for her own safety, and the safety of you both who is now protecting her against the ill-treatment being meted out by her parents and in-laws.
1) girl should file complaint against her husband under section 498A for continuous acts of cruelty
2) she is adult and cannot be forced to stay with her husband if he Ill treats her
3) she can approach local police station androgen in writing that she left her husband on her own accord
4) no case of kdnspping is maintainable as she came back to her native place with her brother
1. Well, if you are married then then you can keep her with your family.
2.if you are unmarried then it is better to keep her way from you as her family members may file case of adultery against you.
3. If you are unmarried then keep her some Shelter Home for poor women.
Hi, As she was major and with her own consent she is living with you then question of kidnapping does not arise.
2. It is better girl her self lodge a complaint against her husband and her in-laws for harassing her so that both of you are in safer side.
Since the girl has attained the age of majority she can with her free consent reside anywhere. If her father or husband files any police complaint of unlawful restraint against you then her mere statement that she is residing in your house with her free consent will be enough to consign the complaint to dustbin. She can also volunteer to give a written intimation to nearest police station that she is residing in your home with her free consent.
Since the girl is an adullt and if she is living out her own free will with you all her in-laws cant lodge kidnap case.
What you can do is once she comes to stay with you all lodge a police complaint that she is staying with you out of her own free will since she has been ill treated. She may also lodge police comlplaints against her in-laws too. Rather she should.
The girl had been working as a maid in your house earlier prior to her marriage.
Now after marriage she has voluntarily fled her matrimonial home and take refuge in your hose to resume her job as maid.
There is no illegality in this.
You have not brought the girl back to you house nor you have illegally confined her in your house against her wishes.
This cannot be construed as kidnapping.
Neither this can be termed as an abuse of lower class people.
Dont worry about this, the police will understand the situation and will never harm you even if they receive any type of complaint against you provided the girl does not speaks against you with the police.