• Dowry harassment

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??
Asked 1 year ago in Family Law from Imphal, Manipur
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
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.  
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1) after FIR is registered obtain AB 

2) if FIR is registered contest case on merits 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Without anticipatory bail you can be arrested anytime. Instead of regretting later, seek bail now to preempt your arrest.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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