Initially you can get her counseling through women's cell from nearest police station. She still not obeyed to them as well than you have door open to file visitations right case in the family court.
My wife fled to her parents home with our newborn son without revealing their address.
We are married since Nov 2018, staying at my 2BHK parental home in Navi Mumbai along with my parents. My wife is highly biased towards her parents and quarrels with me and my parents over petty issues. Last year she quarreled with us and then called her parents to take her to their home. We did not give consent as my in-laws refused to give their address. Yet they left and she came back a month later. This time she fled to in-laws home with our 26 days old son. Despite repeated calls/messages to my wife and her parents, they are not revealing their whereabouts, effectively preventing me from seeing my child which is emotionally taxing for me. What can I do to meet my child everytime she takes my child to in-laws? What action can I take against her or her parents?
Asked 5 years ago in Family Law
Religion: Hindu
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13 Answers
File missing report to police and/or kidnapping complain agasint in laws. They have not disclose their address and took the child from your lawful guardianship, so it is almost an act of kidnapping.
At least address will ascertain by police.
File petition for RCR
2) seek joint custody of your child
3) court can award you visitation rights at least
File section 9RCR and a police complaint against them for forcefully taking your child away
Please approach Bombay High Court for invoking Extraordinary jurisdiction of Writ of Habeas Corpus before division bench for production of your child under Articles 226 and 227 of India Constitution 1949.
Rest of relief and prayers would be added to your petition by your Advocate in consultation with senior Counsel who would represent you before the bench.
I would like to suggest you to have talks with your tn laws and with your wife separately. Try to sort out amicably otherwise for your safeguard file a GD with your local police station.
You cannot take any action against her parents for her actions on this.
If you are not knowing about her whereabouts then you give a man missing complaint with the police.
If the police is not taking an y effective action then you can file a haebus corpus petition before high court seeking direction to police to produce them before court.
This is the action as per criminal law that you can initiate for now, but it will bear a very adverse impact and it may not be possible for a reconciliation in future.
You can decide.
- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further , no relative or parents allowed to interfere in the matrimonial life of their daughter , and if repeated then a complaint can be filed against them , and further it amount to cruelty.
- If , you are interested to continue with her , then send a legal notice to her for joining the matrimonial life with you on the last known address .
- Further , if no response then file a suit for restitution of conjugal rights .
- Further, you can also lodge a complaint before the police that she has left without informing and untraceable.
- Further , if she is not interested to live with her then file a mutual divorce petition on the condition of custody of child.
you can file section 9 petition and take paper publication for service of summons to your wife. After the publication, your wife doesn't appeared before the court she will place ex parte.. Then you can take divorce easily.
you can file a case for custody and prove that you are in better position and can take care better then her.
You should file a petition for illegally detaining your child in the high court.
You should also go for mediation as she is prone to taking rash decisions.
You can file for custody of the child. You can till that time apply for visitation rights also
Dear Sir/Madam,
You are suggested to send SMS, WhatsApp, email, letters etc. to your wife calling her to your place and if she does not come or does not respond, file the case of restitution of conjugal rights under section 9 of Hindu Marriage Act for calling her to your place.
1. You can follow them to their house to know their address if they are not revieling their address.
2. You can file a complaint before SDM Under section 97 CrPC for search your child kept in illegal confinement because Inlaws and wife doesn't want to tell their Address to You.
