In how much time high court grants couple protection?
I have done a court marriage, and the girl’s father has lodged a kidnapping FIR against me. What should I do? If I file a writ petition in the Allahabad High Court seeking protection, how much time does it usually take to get protection?
Dear Client, The valid marriage between consenting adults makes the kidnapping charge unsubstantiated because the adult woman who consented to the marriage creates a defense against Section 137 of the BNS 2023 law which defines kidnapping from lawful guardianship. You have the right to submit a writ petition under Article 226 of the Constitution of India to the Allahabad High Court which will request police protection and dismissal of all coercive measures against you. The Court will issue a notice and may provide temporary protection within several days after assessing the case's critical nature. The parties involved in the case can present marriage certificates and identification documents as evidence according to Sections 61 and 63 of the BSA 2023.
If both of you are majors and married by free consent, a kidnapping FIR is not legally sustainable. You should immediately apply for anticipatory bail and file a writ petition for protection in the Allahabad High Court. The High Court usually grants interim protection within 1–3 days, sometimes even the same day, if documents are complete. For further legal assistance, contact us on our helpline number
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