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Helpless Guy (IT)     30 January 2018

Application u/s 120 against wife

Hi Experts ,

Kindly suggest if I file application u/s 120 of crpc against wife as she kidnapped my child on the day of leaving home in Taluka court , will it be any beneficial to me ? I am told by some lawyer by doing this taluka court can pass an order to register FIR against my wife .

Any suggestions on it ?



 3 Replies

Subash M R (Advocate)     30 January 2018

Concealing design to commit offence punishable with imprisonment u/s.120 of I.P.C. The offence under this section, accordingly as the offence abetted is cognizable or non-cognizable and according as the offence abetted is bailable or non-bailable and triable by the court by which the offence abetted is triable.

Thanking you, 

Helpless Guy (IT)     31 January 2018

Originally posted by : Subash M R
Concealing design to commit offence punishable with imprisonment u/s.120 of I.P.C. The offence under this section, accordingly as the offence abetted is cognizable or non-cognizable and according as the offence abetted is bailable or non-bailable and triable by the court by which the offence abetted is triable.

Thanking you, 

Sir, my wife and her parents kidnapped my son on the way to school and admitted him in another school without my consent and my name as father in child school records, this incident happens 6 months back on 11-08-2017, then on 16-08-2017 she filed dowry complaint in CAW cell and crpc 125 on me. Can I file this application u/s 120 of crpc against my wife for kidnapping my son and admitting in another school, putting him as single parent alienation ?

Vanshika Taneja   11 February 2018

rather than filing for a case under S.120 of IPC, i would first suggest you to send a legal notice to your wife and her parents mentioning to return the child, and if they do not reply within the stipulated time frame, then you may step forward in filing for the custody of the child, OR file a case for kidnapping read with conspiracy under IPC, OR you can also move to the child welfare organistions for help citing the welfare. 


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