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ishiyoomani (nil)     05 July 2013

Avoiding false kidnapping case

Hi ,

Needed one advise on case with me, I need to rescue a girl (18+Year) from her parental home who is subject of domestic Voilence, i am related to her as one of her relative from mother side.

she reside in other state then mine, on basis of her statment through written note to me seeking my help to interven and take custody of her, can my lawyer send legal notice to her parents from my current location, and if the girl runaway and comes to me after serving the legal notice to her parents, can her parent invoke Kidnapping case against me? 

if at all its invoked how can i protect myself from getting arrested?

Thanks,

Ishi



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 5 Replies

Adv k . mahesh (advocate)     05 July 2013

you can file a domestiv violence case on her parents who had kept her and her letter is sufficient but after filing if she says that she has not given any letter to you nor her parents are harassing her then you will be in trouble so think twice to issue or file a case 

Adv Archana Deshmukh (Practicing Advocate)     05 July 2013

There is no need to send any legal notice to her parents. As the girl is above 18 years of age, she is free to live with anybody of her choice. There is no question of taking custody of her. If her parents files a case of kidnapping by showing her as a minor then, show the proof of her age to the police.

ishiyoomani (nil)     07 July 2013

 

Dear Mahesh,

I can understand the consequence if she retracts her statement, but then when she has taken her step to fight back for her dignity I can take this chance for her.

Dear Archana,

Thanks for your valuable suggestion, I was curious about police machinery functioning after  FIR of Kidnapping is lodged, will the process  before arrest includes verification of facts like considering statement of the girl and  age consideration based on the documents produced.

Madam,

If you can help me understand how the process works it will be helpful for me to decide on to take appropriate steps.

Like from time of FIR registered from her Police Jurisdiction till Discarding the FIR (my state of residence is different form her's)

Thanks,

Ishi

Kapil Chandna (Lawyer at Supreme Court of India)     07 July 2013

As  the girl is major she is free to go anywhere she likes and there has been a recent ruling of delhi high court wherein she sough court help and she has been provided with the police protection ..... And no matter the girl retracts u will still be not laible for kidnapping .....but yes for abduction age is not essentail .....

 

 

 

Advocate kapil chandna 

9911218741

ishiyoomani (nil)     08 July 2013

Thanks Kapil,

This info of yours will help me in decision making thanks again.


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