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dipankar (MANAGER)     14 September 2023

Bring back my wife and son

My, wife and  son has gone to her parental house, and she is not returning  with my son, most probably her parents have mindwashed her.it is almost 3 years have passed.

She has lodged no case against me.

Now my question is can I go to her parental house and forcibly bring back my son and wife. Can her parents lodge any criminal case against me?please advise.


 5 Replies

H.JanakiManohar Rao (lawyer)     14 September 2023

If you have such doubt you write a personnel letter to your wife asking her to come to you within 10 days informing her your difficulties in her absence, otherwise you are approaching the court for restitution of conjugal rights.

dipankar (MANAGER)     14 September 2023

Please, reply to the specific question that I have asked.whether her father can lodge any criminal case? Say kidnapping case etc?.I do not want to go by sec 9, restitution of conjugal rights, as it does not yield any fruitful results

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 September 2023

This is a repeat post.

kavksatyanarayana (subregistrar/supdt.(retired))     14 September 2023

Who can say?  Her father may file a complaint at the Police Station.  It is better you write a letter requesting her to come back home.

T. Kalaiselvan, Advocate (Advocate)     15 September 2023

You are the biological father of your child, hence you have equal rights over your children similar to your wife.

The wife cannot sit in her father's house only to hide the children from you or to prevent you to have an access to your children.

If you can gather courage to forcibly drag your children out of her father's house, then you can proceed  and it will not be considred as a criminal offence.

Firstly her father cannot illegally confine your children in his home and deny access to them Even if he is giving complaint with the police, the police may advise him to advise his daughter to approach court.

He is a third party to your children hence you can make a complaint against him for illegal detention of your children and also for illegally  preventing your access to your children as a counter complaint

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