navdeep singh (lawyer) 01 July 2010

363 366 ipc

a FIR u/s363, 366 ipc is registred against un named person.later police arrested the accused and recovered girl from him.there is also a delay of 5 days in registring the FIR.the girl is 17 year old .when police produce the girl before magistrate she said that she did not want to go with her parents.then magistrate sent her to nari niketan (protection home for women) and ordered to produce the girl on date fixed.now my question is-----

if the girl want to go with other person other than parents.can the court permit her?

what r the chances of bail of the accused?

girl and boy want to marry each other

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8 Replies

Kiran Kumar (Lawyer) 02 July 2010

since the girl is minor, the magistrate would be more inclined to keep her in the custody of parents or in Naari Niketan.

it will have to be ensured that the girl does not change her statement otherwise the boy may not get bail at the early stage.

as the girl is yet to attain the statutory age of 18 years for marriage, the court or the police will not allow both to get married at this stage, however, the marriage is not void merely because the girl is below 18 years of age. But your matter has already been taken to the court....better advice your clients to maintain restraint at this stage.

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Dharmesh Manjeshwar (Advocate/Lawyer) 02 July 2010

perfect advise ........ Mr. Kiran Kumar ........

navdeep singh (lawyer) 02 July 2010

thanks mr kiran kumar .please cite any case law

(Guest)

I differ the view of Mr.Kiran. It's the victim who got right to choose with whom she would like to go with irrespective of age in this matter. This is very common even in Habeus Corpus (HCP) cases. Court will not interfere unnecessarily in the choice eventhough the judges may interview the victim in their chambers and suitably advise. In our system it is more than enough if the girl crosses 16 years for exercise of her choice. I will try to get some case laws for you.

navdeep singh (lawyer) 04 July 2010

thqnks roa g.please provide case law as early as possible

Kapil (director) 11 June 2011

Sir

in case of u/s 366, both r adult, but guy has already married b4. n boy has not arrested, but FIR had registered, girl found lonely on guy's flat, then victim parentes can charge on accused????

Koustav Bose (Professional Dog Handler) 23 October 2011

Sir/Sirs,

I am 21 years old and got married to my wife out of love and she is a 12th student, her family members did and FIR against me and stated that she is 16 years old and then police came to my house and took the girl. Next day she was produced to the magistrate court and there she confessed that the marriage was with her consent. After that she was sent to her parents home and since 1 month she is with her parents and I am unable to contact, my father made a petition at the High Court at Calcutta and from there I got my Anticipatory Bail. Now my lawyer is moving for habeas-corpus. Please advice me what shall I do legally to fight and get my wife back? can we ask for a forhensic age test of the girl??