In laws grabbed my child

Arjun Arjun (Querist) 06 March 2021 This query is : Resolved
Sir,
My in laws have no male child. They (especially my mother in law) wanted to raise a male child and influenced my wife to come back to their house with my 8 months old son. On 21/9/20,with a fake reason of Some competitive exam, they brought my wife and my 8 months old son to their house.After that, daily, me and my wife were talking over phone/whatsapp video call.I am working in another state and therefore, could not go to their house. On 3/12/20,i asked my wife to come back to my house for celebrating 1st birthday of our kid. She refused. Afterwards, she stopped attending my calls. Then, I could understand it as a part of her parents ploy to grab my child(because her mother after birth of my son expressed this kind of intention).In last week of Dec 2020,i filed restitution of conjugal rights petition. It was posted for yesterday(5/3/21).Her advocate appeared.And it was posted for counselling to Sept 2021.What will be their likely movements. Kindly reply

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A father is seeking advice after his in-laws, who have no sons, took his 8-month-old son and wife to their home under false pretences. His wife has since refused to return, leading him to suspect a ploy to keep the child. He has filed for restitution of conjugal rights, but is concerned about his in-laws' potential actions and seeking guidance on how to proceed, including the possibility of divorce and child custody.

SHIRISH PAWAR, 7738990900 (Expert) 06 March 2021
Hello,

They may oppose the petition and claim a maintenance amount from you. You will have to pay maintenance for your child and for your wife.

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Advocate Bhartesh goyal (Expert) 06 March 2021
Your wife may oppose the petition on false allegations of cruelty and demand of dowry.

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kavksatyanarayana (Expert) 06 March 2021
The case is posted for counseling to Sept.2021. I opine that now it cannot say.

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Hemant Agarwal (Expert) 07 March 2021
1. Since Wife has voluntarily abandoned you and deprived you for your Child, there is no point in continuing with such nefarious Wife, who will never ever be able to give you peace of mind. Move on with your life.

2. File Divorce Petition, on grounds of CRUELTY. You will get Divorce and would not need to pay any Alimony, Maintenance or whatever.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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Sudhir Kumar, Advocate (Expert) 08 March 2021
RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.

This forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.

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P. Venu (Expert) 09 March 2021
Yes, seek divorce on the ground of cruelty. Certainly, there would be counter cases from the wife's side. You need to face them with courage and determination.

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Dr J C Vashista (Expert) 11 March 2021
She will contest the case.
There is no point in filing a petition for restitution of conjugal rights, the only option available to you.
You may file a case for custody of your child through your lawyer.
Seek guidance from your lawyer who is an able, competent and intelligent enough to satisfy your questions.
However, if you have lost faith in your lawyer it is advisable to consult and engage another local prudent lawyer for appreciation of fact/documents, professional guidance and necessary proceeding.

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