• Matrimonial dispute

My father inlaw had forcefully taken my wfe to his home.incase i bring back her and my 9monthold child back to my home bysome way.can my fthr in law file or lodge any complaint against me?wht i can do to get thm back safely and in less time
Asked 2 years ago in Family Law from Amritsar, Punjab
Religion: Sikh
You can file an FIR for kidnapping against your father in law however that might spoil your terms with them.  You can file a case of restitution of conjugal rights seeking direction for bringing your child along with your wife.

For speedy process,  seek police help

Your father in law cannot file a case against you if you have not done anything wrong. Asking your wife and child to come back to their home is no crime or offence under Indian law.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hi,
1. if you do not wish to get into legal battle, bring her back first, then talk to her by convincing her that ,it is you,  she and the child  are the family and it is time to think about your family. 
2. if you are successful in getting your wife's confidence she herself can stop her parents from ruining her marriage.

 Now the legal option for you is to file a" Restitution of conjugal rite "(RCR)petition in a  district/family  court asking to  intervene  to pass an order to her wife to join your marriage. RCR is a failure in most cases as the very purpose of the RCR can be mistaken by the opposite party as a legal battle , where as it is the petition asking the spouse to join your conjugal/married life .
The order under this petition cannot be executed as the court order cannot be forcefully imposed on the other party. once the order is passed, one year time is given to the party against whom the order is passed to join his/her spouse. in case this order is not observed for an year the other party can file the divorce. Hence for you it is too early to file a petition like this.
  You being the husband  , limited options are available, so first go to your nearest police station ,, talk to the inspector about this, then go and bring your wife. if the parents of your wife  make a complaint under 498A  and forward to your police station the police will inform you  as your NC is pending.this will help you to obtain bail /other precautions in advance. Remember being a husband and father , it is your ultimate right and responsibility to have your family with you so get them. Do not be afraid of the false complaint .

Try and convince your wife and bring her back, that is the best option, in case she is not coming back, send her a legal notice asking her to join you and proceed with RCR if you do not wish divorce. You also have the option of divorce if the wife desert you without any reason. you can file divorce on grounds of cruelty and desertion or on any one ground. This option is to be considered only when there is no hope of marriage.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. I remember having replied to your verbatim query around a month back. You do not seem to have adopted the legal recourse suggested to you.

2. If your wife has been forcibly taken away from you by your father-in-law then you can approach the High Court for the release of your wife and 9 month child.

3. If you bring your wife and child back without being armed a court order then your wife and/or father-in-law can file criminal charges for abduction and unlawful restraint against you which may result in you being arrested and put behind bars. Bail may also be difficult to obtain in such a scenario. Lawlessness is to be met with law, not lawlessness.

4. So follow the legal recourse and move the High Court. If there is considerable delay in filing the writ before the HC then the HC may throw out your case at the threshold itself. Depending on the time which has elapsed as from the date on which your wife was unlawfully taken away you may decide to move the High Court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
If your father in law without consent of your wife has taken her back forcibly then you must file petition in high court for release of your wife.Dont delay as it may go against you.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. You silent about wish of your wife and her feeling towards you.
2. If you think that wife is willing to come back to you then file case in high court for Habeus Corpus to the court may  order physical production of your wife. 
3. Until and unless your wife wishes no complaint can be lodged against you.
Devajyoti Barman
Advocate, Kolkata
5236 Answers
54 Consultations
4.9 on 5.0
Hi, if your wife is willing to come to your place then you can go to her place and bring back to her in case wife does not willing then it is a problem and your father-in-law has no right to take back to her forcibly, then you can lodge police complaint against him.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
1. If your wife is willing to come back to you, You can certainly get her back and the father in law has nothing to complain about as she is your wife and put to live with you, her husband.
2. Your legal option is to send a legal notice asking her to rejoin you with the baby. If she failures to comply you could file for Restitution of conjugal rights.
3. Alternately right away you can file a writ petition before the High Court to enforce the production of them before the
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Dear Querist
if your wife is with you and able to support you then you may file a complaint before police or magistrate, the magistrate have power to issue search warrant and your wife can be recovered by police and handed over to you, but if your wife is also against you then the police or court can not take any action against your father in law.

Contact a lawyer personally it will be better
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1)you should immediately move HC and file habeas corpus petition for production of your wife and child 

2)please note that if your wife in response mentions that she left matrimonial home of her own accord you wont get any relief  from courts

3)if you bring your wife back forcibly the stand taken by your wife would be significant . if she says that she left her father place of her own free will police wont take any action against you
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
1. If you are sure that your wife is willing to come back to your house  the first lodge a police complaint stating that your FIL has taken her back and is resisting her come back,

2. This will immunise you against any future complaint of your FIL againt you if you bring back your wife from his custody without his knowledge or consent,

3. Bring her back & live a happliy married life.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
after the marriage husband is the natural guardian of woman. if any person even her father, takes her away from your custody against your will he committed an offence of abduction. you can take any step at the time of forceful abduction and it has no offence under section 100 IPC. you should file criminal case against your father in law but must consult your wife for  taking of  her opinion that she is willing to live with you are not, if she says that she is willing to live with you then you can file criminal case against your father in law and simultaneously you can file an application under section 97 crpc before SDM / executive magistrate for the custody of your wife.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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