19F escaping toxic home, need legal protection

958 votes

As an adult aged 19 years, you possess full legal right to self determination, freedom of movement, and choices regarding your education and residency. Nobody can legally force you to return home or pursue a course against your will. To protect yourself and shield your friend from false missing person or kidnapping allegations:- 1. Visit your local police station in person and submit a declaration stating clearly that you are leaving your parental home voluntarily due to personal reasons, as a legal adult of sound mind and you are presently not missing, abducted or unlawfully detained. Ensure you obtain an official acknowledgement or stamped copy of this application. 2. Leave a signed note for your family that you have left willingly and request them not to interfere. 3. Provide a recorded statement or affidavit of your friend to police stating he has not abducted you or forcefully detained. 4. If you face harassment, fear, threats, file a petition of protection before the Hon'ble High Court

Advocate Alok LawRato

963 votes

You should book a consultation then I'll elaborate properly about that matter without discussion no one help in that kind of matters so better you should book a consultation then I'll elaborate properly.

Advocate Anurag Bhatt LawRato

698 votes

Yes, you are legally protected. At 19 years you are a major as per the Indian Majority Act, 1875 and have full right to decide your residence, career and life. 1. Can they force you back? No. No parent can legally force a major daughter to stay with them or to pursue MBBS. If they file Habeas Corpus, the High Court will only record your statement. If you say you left voluntarily, petition will be dismissed. Police cannot force you to return. 2. How to prevent false kidnapping charges against your friend? Kidnapping under Section 137 BNS [old 361 IPC] applies only to minors below 18 years. Since you are 19, kidnapping case is not maintainable when you left voluntarily. Abduction under Sec 87 BNS also fails if there is consent of adult. For foolproof protection, do this: a) Voluntary Declaration: Write a dated, signed letter and make a video stating - Your full name, DOB/Aadhaar, that you are 19 and major, you are leaving parental home voluntarily due to harassment/career coercion, no one has kidnapped you, you left on your own free will and do not want to be forced back. Clearly state any kidnapping allegation against your friend will be false. b) Inform Police: On the day of leaving, send this declaration via Email and Speed Post to local SHO, DCP/SP and Women Helpline 112. Call 112 and take acknowledgement number. This prior intimation destroys any later false FIR. c) Keep your original IDs, certificates, phone, bank access with you. Do not take jewellery/cash that can be shown as theft. Keep proof of your remote work/NDA to show financial independence.

Advocate Shamma Perween LawRato

757 votes

Aap ek legal adult (19yo) hain, isliye aapke paas apni marzi se jeene aur career chunne ka poora haq hai. Aapke parents aapko kisi bhi course ya ghar lautne ke liye zabardasti nahi kar sakte. False kidnapping charges se bachne ke liye aapka police ko inform karna aur ghar par ek voluntary exit note chhodna bilkul sahi kadam hai. Aapka remote work contract aur NDA legal hai aur aapki privacy poori tarah protected hai. Is mamle mein safe rehne aur police intimation letter ka legal draft taiyar karne ke liye aapko expert advice ki zaroorat hogi. Aap aage ki strategy aur poori legal guidence ke liye Advocate Sudesh ke sath ek appointment consultation book kar sakte hain, jo aapko is situation se nikalne ka sahi raasta batayenge.

Advocate Sudesh Kumar LawRato

858 votes

Since you are 19 years old, you are a major under Indian law. Your parents cannot legally force you to stay at home or compel you to pursue MBBS against your will. You have the fundamental right to choose your profession and residence under Article 19 and 21 of the Constitution. If you leave voluntarily and inform the local police station in writing (with your ID proof and a note stating you are leaving of your own free will), the police cannot force you to return. To prevent false kidnapping charges against your friend, ensure your written note to the police explicitly states that you are leaving voluntarily for employment and that no one is abducting you. Keep a copy of this note and your remote work contract with you. If your parents file a missing person report, the police will likely trace you, but since you are an adult, they will record your statement. If you state you are safe and staying voluntarily, the police will close the case. However, if your parents use influence to harass your friend, your friend can seek anticipatory bail.

Advocate Parvez Alam LawRato