Law: Criminal Procedure Code (V of 1898)

Section: 203

Law: Penal Code (XLV of 1860)

Section: 365

Criminal Procedure Code (V of 1898)--- ----S. 203---Penal Code (XLV of 1860), S.365---Dismissal of complaint---Complaint filed by the petitioner was dismissed by the Trial Court holding that no case could be got registered against a father for abduction of any of his children and provisions of S.365, P.P.C. could not be said to be attracted in the case---Validity---Complaint had shown that four accused persons, other than father of complainant, were alleged to have caught hold of the complainant in order to take her along with them---Motive behind the offence was that accused/father of the complainant, wanted to force her to marry someone against her wish---Complaint clearly showed that it was at the instigation of her accused father that four accused persons came to abduct her---Complainant was not living in the house of her father, but she was living in the house of her maternal-uncle and maternal-grandfather because her father had divorced her mother after her birth; and since then she was living in the house of her maternal-grandfather---Suit of the complainant against her father for maintenance had also been decreed and execution of the decree was in process---Trial Court while dismissing the complaint had not considered such aspects of the case---No case of abduction could be registered against a father, provided the children were living with him and were in his protective custody, but if a child was abandoned by the father, the father would lose the right of custody---If father after lapse of some years when the abandoned child would come of age, a right would not abruptly crop up in favour of the father to marry his daughter---No right would accrue to the father to forcibly remove his abandoned daughter from the lawful and protective custody of her maternal uncle and maternal-grandfather who had maintained her throughout the period of infancy, childhood and the youth---Father could not compel his daughter to marry against her will, especially when complainant/ daughter was sui juris---Father had no right to take the law in his own hands and seek assistance of hired persons to forcefully remove his daughter for the purpose of forcing her to enter into…

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