1) file application for child custody within jurisdiction of court wherein your wife resided with the child
2) court will grant you visitation rights
3) obtain anticipatory bail in dowry harassment case
My wife files a false police complaint of mental cruelty and dowry harrasment against me and my family. Meanwhile, she went in hiding along with my 2 yr old son and didnt even allow me to meet him. What should i do to meet my son??
1) file application for child custody within jurisdiction of court wherein your wife resided with the child
2) court will grant you visitation rights
3) obtain anticipatory bail in dowry harassment case
1. You and your family should seek anticipatory bail to preempt being arrested.
2. To meet your son you should file a case for child custody which will be decided keeping in mind the welfare of the child.
1. File an application before the Court praying for your child visitation right,
2. Lodge a complaint before the police alleging that she has run away with your son and is now hiding.
1. If FIR is registered then first take bail and contest the case.
2. If the child is forcibly taken from your custody then file child kidnapping case as well as civil case for custody of child.
As per direction of court in the child custody case you can meet the child.
3. If you do not know the present whereobuts of your child and his mother then file a Habeus Corpus petition in high court.
Meet a lawyer.
Hi sir/madam, if you meet son u can file petition G & WC case against your wife to get in your custody of your child. Moreover, to avoid maintenance and false cases, you should issued a legal notice against your wife to come and join with you immediately, if she failed to do so, you have to file Restitution of Conjugal Rights before jurisdictional family court, it will very helpful to avoid false case, false allegations as well as to establish her physical and mentally cruelty on you and on your parents.
First of all you and all others accused are required to obtain anticipatory bail, get enlarged on bail and then take further legal action against her as per law.
If she has went on hiding with your infant kid, you may even file a haebus corpus petition to produce your child before court, which will certainly make an impact.
Sir, she had filed a false complaint of dowry harassment against me and my family and not FIR. Is it really necessary to take anticipatory bail? Moreover, she left the place in concurrence with the oc of women police cell but without my knowledge
You have to file an application seeking anticipatory bail, let the police say that there is no fir pending, in that event you may request the court to pass an order to not to arrest in the event of a fir in the later stage. This will protect you from further legal action by the police in the event of any mal administration or proposed malicious prosecution by the police.
Without anticipatory bail you can be arrested anytime. Instead of regretting later, seek bail now to preempt your arrest.
1. If FIR is not registered then there is no need to take AB.
2. But remain alert and loose no time to apply for the same once the FIT is registered.
1. No. FIR is required to be filed as a condition for filing AB since FIR Number and name of police station is to be mentioned on the top of the AB petition,
2. File a police complaint under copy to the local S.P. against her as suggested in my earlier post,
3. If Police fails to act, file a Writ Petition against Police inaction.