• Matrimonial dispute

If i filed habeous writ against inlaws and they through some mediator are askng me to come to their home and take away my wfe and Child. Shall i go and brng her back? But i doubt their intentions. Shall i tll judge regardng it?
Asked 3 years ago in Family Law from Amritsar, Punjab
Religion: Sikh
When you are going to fight with them and apprehension and doubt on their intentions then no need to go their home, try to fixed the same at any other public place and if possible then inform the police and take some help if need.
Nadeem Qureshi
Advocate, New Delhi
4880 Answers
226 Consultations

4.9 on 5.0

How can you file a writ petition. This is not maintainable. You will have to file an application under Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Hence this is a legal way wherein court will direct your wife to stay with you.
Sudershani Ray
Advocate, New Delhi
192 Answers
42 Consultations

4.6 on 5.0

Of course you should go and put an end to this nuisance; however, you must take police help and ask the police to accompany you; in case, police do not cooperate, you can file proceedings seeking direction upon the police to help you.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations

4.7 on 5.0

1. If wife has been taken away by in-laws forcibly habeas is the proper legal recourse.

2. Has the HC issued a notice to your in-laws? If yes, did they appear in the court? It may not be prudent to go to the house of in-laws during the pendency of your writ to bring them back. It could be a trap laid down by them with the object of defeating your case in the HC. 

3. It is better to contest the case in the HC and obtain favourable orders and then proceed to bring your wife and child back.
Ashish Davessar
Advocate, Jaipur
23166 Answers
641 Consultations

5.0 on 5.0

1) your  in laws request you to come and take your wife/ child  back to her matrimonial home accept the offer . 

2) your objective should be to save your marriage 

3) why you want to file habeas corpus petition .?are they being kep in forceful custody ? 

4)  you can  file habeas corpus petition  for production of your wife / child if they are being held against their will in your in laws house 

5) Because of alternative remedy like civil suit for restoration of 
conjugal rights and the provisions contained in the Code of 
Criminal Procedure being available, in India, the writ of habeas 
corpus is very sparingly invoked, on an application made by a 
husband to regain his wife. In a proceeding under criminal law as 
well as under civil law, all issues of facts can be decided and writ 
of habeas corpus is probably not warranted in a situation where 
facts have to be first established. This is because writ of habeas 
corpus can be exercised only when facts are clear
Ajay Sethi
Advocate, Mumbai
46845 Answers
2770 Consultations

5.0 on 5.0

It appears that your inlaws are holding your wife against her wishes. If that be so fo ahead with the writ petition. But if your wife does not want to live with you then file RCR application under HMA. don't go there if if your wife is being illegally held. Let her be presented in the court and express her desire without fear. there are cases when the boy has been physically harmed by the relatives of the girl because of anger.
H. S. Thukral
Advocate, New Delhi
570 Answers
170 Consultations

5.0 on 5.0

1.The practical solution to your problem is approach the police station of your area and  file a complaint that your wife and child had been forcefully taken away by her parents.police will contact your wife to know her mind, if she supports your allegation against her parents then you can go ahead with a case.
2. If such a situation happens and you are sure your wife is in your side, please file a Habeas  Corpus, petition in the high court  .
3. If your wife wishes to stay away , your option is to file a Restitution of conjugal rights petition in a district court or family  court under civil law
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. You have already filed the W.P. before the Court & now you should wait for the direction of the Court,

2. You should not go for any out of the Court settlement now, even if asked by your inlaws, without the direction of the Court,

3. Your inlaws can very well inform the Court about their intenstion to handover your child & wife or hand them over to you at the Court,

4. You may be put in to trouble if you go their alone.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

if you have any doubt then you can file an application under section 97 cr.p.c. before executive magistrate(DM/SDM) court for regain of your wife and child. on issuance of notice your in-laws are bound to produce your wife and child before court. at this stage no need to file habeas corpus writ if same relief is available in your city. go through it.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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