• Separation of my wife by my parents-in-law

My wife is separated from me by my parents-in-laws and blackmailing me to go their hometown and get married at their hometown again, for which I am not willing. We got married since 2 years back , my wife's relatives and family friends were so angry on me .They also tried to harass me by doing phone calls to come and go their hometown for remarriage. We got love-marriage in church and have legal marriage certificate also. So please advice how can i bring my wife back at me. She is willing to return and live with me again but they forcefully taken her in their custody. My parents-in-laws they didn't let know their neighbors, family-friends and relatives that she already got married with me. . Kindly help me out. Please i don't want to go their home town to get married once again neither to go their hometown police-station as they have influence at them if to give any complaint. Please kindly help me in suggestions how to proceed with this in legal.
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Christian
Dear Querist
file an application before DM/SDM or CJM court of your area under section 97 of Cr.P.C. for the recovery of your wife
97. Search for persons wrongfully confined. If any District Magistrate, Sub- divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he
may issue a search- warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
1. Since your wife is willing to come, no one can restrain her from coming to you.
2.In your case, you can file a writ petition of the nature of Habeus Corpus in high court whereby the court will direct the local police to bring the wife back.
3. Since you have already married there is no legal requirement to remarry again.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1) once you are legally married and have the marriage certificate it is not necessary for you to remarry  to please your in laws 

2) you can politely decline the request of your in laws

3) inform your wife  by emails that you have no intention to remarry and request her to return to her matrimonial home 

4) keep on calling her regularly 

5)once your in laws realise that you won't bow down to pressure tactics they will send your wife back 

6) don't take any legal proceedings now 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
1. Since your wife has been kept in her parental home against her will you are free to move the High Court for her release.

2. No influence will work in the court, 

3. Initiate the legal process soon as delay will give abundant opportunity to your parents-in-law to brainwash your wife and also relocate her to another place.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1) it is better you engage a local lawyer . it would be expensive proposition to retain lawyer from another city as travel expenses would be  prohibitive 

2) your wife is an adult and can take her own decision . even if she files domestic violence case or 498A case for dowry harassment it will go on for years together and will not be in the interest of your in laws if they want their daughter  to remarry 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
1. yes, you can there is no problem.

2.yes, they can but when the court issue search warrant and recover her then it is her choice to choose you or her parents, if she choose you then the court pass an order of her custody to you.

 

Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
1. You can engage any lawyer from anywhere in India.

2. There is a possibility that they may coerce or brainwash your wife to allege harassment against you. However, you will be given an equal opportunity to contest and rebut her case. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
You can lodge a complaint with the local police from where she was  taken away or to the district police superintendent of her district quoting that the local police is influenced by her parents. You will certainly get relief when you make a complaint that her parents are illegally confining her in that house against her wishes, and you are ready to take her back from the police station itself if she is brought to the police station.  If this also is not working  you may file a private complaint with the judicial magistrate on the same lines for relief. 
If she is afraid of her parents and not giving  statement in  your favor, then nobody can help you. 
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
5.0 on 5.0
1. Lodge a police complaint where you are staying complaining that your legally wedded wife has been forcibly confined by her parents restraining her to join you,

2. After that you can file a Habeas  Corpus petition before the High Court praying for direction upon the police to present your wife before the Court,

3. However, it is strange to understand that your wife is not in a position to run away from the cluthes of her parents in order to join you which casts a doubt on her willingness to rejoin you.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
1. You can engage lawyer of other state also but it is always advisable to engage lawyer practicing in the same Court where you are planning to file a suit/case/petition. Otherwise the expenses will naturally be very high comparitively,

2. Nobody knows whether she can be brain washed or not against you since it depends on her bonding toeards you but it is doubtful that she could not yet come out of her parents confinement as mentioned in my earlier post,

3. You have the marriage certificate for which she or her parents can not deny that she is your legally wedded wife. File the Habeas  Corpus petition to force her to be presented before the Court and you also come to know what does she want to say about your marriage with her.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0

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