• Father-in-law forcibly took away my wife

My father in law took away my wife and minor son forcibly to his native place. If by same way I  took back my son then is kidnapping case tenable against me?
Asked 2 years ago in Family Law from Amritsar, Punjab
Religion: Sikh
1) wait for some days for your wife to return to her matrimonial home 

2) if she refuses to return send her legal notice to return to matrimonial home with the child 

3) if she fails to respond you can file petition for restitution of conjugal rights and seek custody of your child 

4) you can't take your child forcibly from the mother 
Ajay Sethi
Advocate, Mumbai
27237 Answers
1480 Consultations
5.0 on 5.0
1. Your wife along with your son has been residing in her paternal house after her father took them away. Now if you forcibly bring your son back the case of illegal confinement can be lodged against you. Even if the case is not registered by the police then your wife can move the High Court for the custody of your son, which will be granted unless her case is botched up.

2. The legal recourse for you is to move the High Court for getting back the custody of your son (if he is a minor). 
Ashish Davessar
Advocate, Jaipur
19557 Answers
507 Consultations
5.0 on 5.0
Hi,
You have not mentioned why your father in law has taken your wife and minor son. If you really want them back file a suit for 'Restitution of Conjugal Rights'. You can not take away a minor child from his mother, a criminal offence. Contact a local lawyer.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
If your wife was taken away from you by her father using force, it is she who has got to complain against her father with the police for kidnapping her, if she is not in a position you may lodge a complaint on her behalf to rescue her from her father's illegal custody. You can also lodge a complaint against him for kidnapping you minor son and having illegal custody.  If the police is inactive and there is no trace of your child or your wife, you can even file  a haebus corpus petition before high court to produce them before court.  This is legal procedure to be followed.  What you suggested is an  illegal act. No opinion can be given to support an illegal cause or act. 
T Kalaiselvan
Advocate, Vellore
17369 Answers
165 Consultations
5.0 on 5.0
Dear Querist
You may file a complaint before SDM/DM/CJM for issuance of search warrant and recovery of your wife from this illegal custody.

there is no kidnapping if father took the child.

contact a lawyer personally or over the phone it will be better. 
Nadeem Qureshi
Advocate, New Delhi
3802 Answers
149 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
17369 Answers
165 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
27237 Answers
1480 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19557 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6880 Answers
78 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3802 Answers
149 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
969 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2025 Answers
23 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1296 Answers
71 Consultations
5.0 on 5.0