• Wife's parents not permitting her to come to me what to do.

We married (intercaste) in Dec 2013 and registered our marriage at registrar's office,but did not disclose to our parents. She went to live with her parents after 1 week of marriage. We disclosed our marriage in Aug 2014. But her parents are not accepting our marriage. They are threatening us and not allowing my wife to come to me. Now I am working in Delhi and my family as well as my wife's family is in UP. What Should I do ? Can I file case in Delhi ?
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

5 Answers

Dear Querist

you may file a criminal Writ petition against them before Delhi High Court or Allahabad High Court under Article 226 of Constitution of India read with section 482 of Cr.P.C.

Or you may file a criminal complaint U/s 97 of Cr.P.C. Before Magistrate in Delhi, the magistrate has power to issue Search warrant against them and directed to police to bring her in the court and when your wife appear before the court, her statement will be recorded by Magistrate and if she is willing to live with you then the court shall hand over her custody to you, otherwise as per wish of your wife.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You cannot file a case in Delhi if she is not residing in Delhi or if your marriage was not registered in Delhi.

You can first issue a legal notice to her to join you back into the matrimonial life, failing to respond, you may file a RCR petition before the jurisdictional family court.

If she is being illegally confined at her home by her parents against her wishes, you may lodge a police complaint about it and can seek the police help to retrieve her from the hard clutches of her parents.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1) you can afile petition for restituion of conjugal rights under section 9 of HMA in delhi

2) rely upon your marriage wedding photographs , registration certifcate to prove you are legally married

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

In this scenario, the most efficacious remedy for you is to file a habeas corpus in the High Court whereupon the court will order the production of your wife before it. If your wife informs the court that she is being held against her will then the HC will immediately set her free. It has to be filed in Delhi HC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Your wife is adult and no once can force her from staying with you.

2. Is someone is forcefully doing so then it is a criminal offence.

3. So you have to first know whether the wife is illegally detained to restrain her from meeting you or she is under pressure is doing so willingly.

4. In the former case you can file criminal case of wrongful detention .You can file writ petition of Habeas Corpus as well.

4. However if she is unlawfully detained then you can file civil suit for restitution of conjugal rights in your place.

5.beofre doing all this I would advise you to meet her parents in person along with your parents and sort this out amicably.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer