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dipankar (MANAGER)     14 September 2023

I want to bring back my son and wife.

My wife and son have gone to her parental house 3 years back and she is not returning as her parents have mindwashed her against me as it was a intercaste marriage against the wishes of her parents 

Now my question is that Can I bring back my son and wife forcibly from her parents.i do not want to lodge any case under sec9, or neither under ,97 my question is can her parents lodge any criminal case against me for bringing back my own son and wife.please advice specific to what I have asked.



 6 Replies

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

You file a habeas corpus petition in the court that your wife and son are being forcibly held by her parents and that your wife must be compelled to appear in the court and testify. The court will give orders to the police and the police will have to make her appear in the court. The court will ask her whether she with her son wanted to live with you. If she replies in the affirmative her parents can no more prevent her from coming to you. If she says 'no' you may have to take action for divorce and regarding custody of your son. There are also NGO's who may be able to counsel your wife.

P. Venu (Advocate)     14 September 2023

Hobeas Corpus  Petition, to my knowledge, is an uncertain remedy in the given context. 

dipankar (MANAGER)     14 September 2023

I know about habeas corpus and sec , 97 crpc.but my question was not question was very straight cut.if I bring my wife and son forcibly from her parents, whether her parents can lodge any criminal case.please answer this and do not give other remedies.

Dr Ramesh Yadav   14 September 2023

the parents of your wife can't but your wife can lodge complain against you.

T. Kalaiselvan, Advocate (Advocate)     15 September 2023

Before asking this question you should ascertain your status and be confirmed about it, i.e., you are the biological father of your children hence you have equal rights over your children.

In fact it would be an illegal act for your wife to desert you and also take your children with her without your consent or permission.

She cannot refuse to show your children or have any rights to prevent you from having an access to your children.

Since there is no case filed by either side yet, you better barge into their house and take away your children forcibly, let she or her father give a complaint to the police, you can explain to the police that the children are safe with their biological father and if at all they are aggrieved, let them approach court and get an order. 

You can then challenge their case in court on merits. 

1 Like

Sudhir Kumar, Advocate (Advocate)     15 September 2023

Filing heabus corpus petition in this cae will perhaps be most stupid idea in this case.


In this case the court will direct the police to bring her and while reaching the high court she will tell clearly that she is voluntarily living away from you.  The petition is likely to be dismissed.


Given facts indicate that she is not forcibly keeping  in custody against her will.


You asked “Can I bring back my son and wife forcibly from her parents” Sorry you are not living in Taliban regime where a woman can be kept in jail for escaping from torture of husband.


Some one will advise you to file case for restitution of conjugal rights

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.


You also want to know “can her parents lodge any criminal case against me for bringing back my own son and wife” Answer is CERTAINLY YES.



do not want to lodge any case under sec9, or neither under ,97 crpc” Before even thinking of this action (even inyour dream read the section before beingmisguided


Section 97 in The Code Of Criminal Procedure, 1973

97. Search for persons wrongfully confined. If any District Magistrate, Sub- divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he

may issue a search- warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.


Such is not your case.

So in your case reconciliation is the only solution whether you like it or not.


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