• Harassment by wife's parents

what are the cases with sections that a husband and his family members can file to harass his wife , her parents who have forcefully took away wife
Asked 2 years ago in Family Law from Amritsar, Punjab
Religion: Sikh
If your wife ( if she is not below the age of 18 years) is agree to live with you and she is forcefully, against her will taken away by her father then you can lodge an FIR for the offence of abduction under section 363 IPC. After marriage husband is lawful guardian of his wife. Any other person, however her father, if taken her away from her matrimonial home without her consent is committed offence which is punishable under section 363 IPC.

You should file a case under section 323/363/504/506/406/452.
323 :- causing hurt
363 :- abduction
504:- intentional insult with intent to provoke breach of the peace.
506:- criminal intimidation
406:- criminal breach of trust ( you can alleged that your father in law has dishonestly misappropriated your wife's gold jewelry etc which were kept in parental house)
452:- house-trespass, having made preparation for causing hurt to any person or for assaulting any person

you can successfully prove above mentioned offences so proceed on and register an FIR in nearest police station.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. Husband and his family members do not have to harass the wife and her parents if she has been forcefully taken away by her parents. If wife has been forcibly taken away by her family members the first remedy which the husband should pursue is to move the High Court for her release whereupon the High Court may order the production of wife before it. Unlawful restraint charges can also be brought against them. These legitimate legal remedies can be pursued without harassing the wife and her family members. 

2. Forcible taking away of wife by her parents may result in them further forcing her to wield many potent legal weapons to harass the husband and his family members. Charges for dowry harassment, physical assault and domestic violence may be in the offing. In addition to this she can also file for a heavy maintenance from her husband.

3. As and when she files the above cases it is prudent that husband and his family members immediately file for anticipatory bail to obviate the possibility of their arrest. If arrest does take place then it could take weeks or months before they come out on bail.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) you can  file police complaint against her parents under section 363 of IPC

2) if local police station refuse to act you can forward copy of your complain to commissioner of Police for necessary action .

3) you should immediately move the High court and file habeas corpus petition to direct production of your wife from the forcible custody of her parents
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Hello,
The husband has to take legal steps to safeguard his interests in protecting himself from possible criminal complaints that the wife's family may initiate including dowry harassment, marital cruelty u/s 498A and 406 IPC, maintenance claims etc.

The husband should therefore immediately send a legal notice to the wife demanding her to to join him back at the matrimonial home and resume her marriage.In the said notice he should mention that the wife was taken away forcibly and the family is responsible for her staying away.In case there is a demand for maintenance from the wife,  this step will help preempt the same. 
If the wife has been taken away using physical force, against her consent, the husband should file a police complaint of the incident.If the police fails t take appropriate steps you have to approach the Magistrate with a private complaint.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
362. Abduction.—Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

1. u can file FIR in PS of ur area under 362 of ipc against her parents.

2. u can file writ of habeas corpus , in high court or supreme court, which means produce the body/ person/ ur wife against parents of ur wife.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Hi, you have to file a police complaint for forcibly taking your wife
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Lodge a police complaint u/s 363 of IPC sending copy to the D.C.,

2. If no action is taken by the police file a habeas corpus  petition before the High Court praying for a direction upon the police to produce your wife before the Court from the custody of her parents.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
If wife is believe on you and able to give statement against her parents then you may file a complaint case against them u/s 362/365 of ipc

There is no specific law for harassing anybody, but if any person commit any offence then the victim may file a complaint before police or court.
section, 323,324,325,326,328, 307,306,383,384,385,386, 504,506,511 of IPC as per allegations/offence committed by them.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Section 362. Abduction

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

COMMENTS

Abduction distinguished from kidnapping

It is well known that the ingredients of the two offences—‘ki­dnapping’ and ‘abduction’—are entirely different. These are two distinct offences; Abhaya Jena v. State of Orissa, (1997) Crimes 531 (Ori).



Section 365. Kidnapping or abducting with intent secretly and wrongfully to confine person

Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bail­able—Triable by Magistrate of the first class—Non-compoundable.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
criminal complaint can be lodged under section 353 of IPC, if police does not react on complain a case can lodged in the court under section 156(3) to lodge FIR in police station. habeas corpus writ petition under article 226 can be filed in the high court.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
Lodge a police complaint for threatening and harassment against them. File RCR
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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