police action

Sachin manjarekar (Querist) 19 December 2014 This query is : Resolved
Dear experts.my wife has left my house with my son who is 2 1/2 years old now.I tried to visit him at her place.but she went to police.police forced me to come to police station and warned me that they will arrest me and my parents if I try to go there to meet my son.can they do it.is it legal?

Follow Query

Report Abuse

Guest (Expert) 19 December 2014
Has she filed any report in police against you and on account of what, whether about domestic violence or dowry demand?

Dr J C Vashista (Expert) 19 December 2014
Vital information is missing from the query such as questioned by learned expert Sh. PS Dhingra ji.The police cannot interfer in the personal matters of any individual in the absence of any report or complaint.
In addition to the above, did you talk to her and her parents, friends, relatives and well wishers.
It would be better to settle the matter amicably yourself or roping in someone from above, if you have confidence with either of them.

Devajyoti Barman (Expert) 19 December 2014
If your wife lodges any complaint of kidnapping then police can arrest you and police often use this tool to harass the husbands.
File a custody suit and then obtain visitation order. use this police harassment in your davantage in the said petition.

ajay sethi (Expert) 19 December 2014
file application for obtaining custody of child . court will award you visitation rights

Rajendra K Goyal (Expert) 19 December 2014
File suit for custody and visitation rights if amicable solution is not possible.

Sachin manjarekar (Querist) 19 December 2014
Long story short.she has left 8 months ago.I tried everything to settle the matter amicably. But she wants divorce and saying that she would not allow to see the child if I do not agree for divorce.4 notices has been exchanged from lawyers.case s yet to be filed in court.I can't wait to see my son till the custody case s over.it may take long.so I want to know if I can go and visit him till the case is filed without being arrested.

Guest (Expert) 19 December 2014
You can, but not forcibly. Better act upon the advice of Shri Rajendra K Goyal.

V R SHROFF (Expert) 19 December 2014
File custody case in district court/FC where child reside at present.
Apply for interim relief of visiting rights urgently.
Issue copy of certified / petition with legal notice to concerned police station, and go for visit immediately with police protection. Keep video recording ON.

malipeddi jaggarao (Expert) 21 December 2014
Follow the advice of Expert Shri Shroff.

T. Kalaiselvan, Advocate (Expert) 24 December 2014
You may follow the advises rendered by experts by filing an emergent application along with custody application for visiting the child immediately.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now