• 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 3 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
46671 Answers
2761 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
23097 Answers
639 Consultations

5.0 on 5.0

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
330 Answers
34 Consultations

4.6 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
36820 Answers
403 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
4875 Answers
225 Consultations

4.9 on 5.0

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