Allegations of kidnapping and death threats: my father-in-law's filed fir. My father in law filed an FIR for the offence of kidnapping and threatening us if we return to our city. I solemnised marriage with my girlfriend when her father came to know about it and he has filed a criminal case against me. Our marriage is against the will of my father in law. He is an influential person and has good contacts in the administration. We are very afraid about the consequences when we go to our city. My parents are trying to settle this matter by engaging him to talk about the matter in the presence of respectable members of our society but failed to achieve anything.
Asked from: Uttar Pradesh
In this situation you need protection against the threatening and harassment from the police authorities. If you both are an major and of sound mind you have the right to solemnise marriage without consent of parents. FIR is not maintainable because no offence of abduction is made out in your case.
No need to file a counter case against the father in law. You should file a writ petition in the high court under Article 226 of the constitution of India for seeking protection order. No need to file habeas corpus writ because in these circumstances it is not maintainable as per the dictum of Kanu Sanyal vs DM Darjeeling, AIR 1979 SC 814.
You should file a writ petition because allegations of kidnapping is false. In the judgment and dictum of Lata Singh versus State of Uttar Pradesh (2006) 5 SCC 475 you are entitled to seek protection against such a threatening and false FIR, the High Court may direct the Superintendent of Police of your district to provide protection while you stay in your city. Additionally, the court may instruct the SP not to arrest the petitioner i.e. you in pursuance of the FIR. For more legal help please visit Kanoon India.
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