Please advice.

Dear Querist,

After reading your statement of facts, I cannot perceive any legal remedy for you. Try to reconcile with your wife by involving the elders of your family. Be cautious though as you have already been threatened with a DV case. There could be much more in the offing for you if they decide to press false allegations.

@ Author


It is a private matter and at the time of your marriage and subsequent birth of your daughter you didn’t involve us ASAP so based on provided facts the matter may be resolved by counseling as you still believe in retaining harmony in matrimony.


For counseling you have two options;

1. Via Private

OR

2. Via Court


In private counseling both spouse should agree for the same and one spouse should be aware of private Counseling professional persons contact details / place of practice to book appointment(s).


In Court initiated counseling you need to send a Legal Notice via an hired Advocate to her to rejoin family and or file S. 9 HMA with custody of Child suit. The first thing Court will do is send parties for counseling if at your Jurisdiction a Family Court is established under Family Court Act. If it is a ordinary District Civil Court then during the course of proceedings mediation option is given to parties which is not similar to counseling mind it. We don’t know your jurisdiction so cannot say for sure if this option chosen then suit matter is put before a Family Court. All these an hired Advocate can guide.


The negative part of S. 9 HMA suit is that she / her side may retaliate by filing say Dowry and or Domestic Violence complains against you / your side and or S. 125 CrPC for maintenance for her and for child against you during pendency of case. Later whatever maintenance award is awarded during pendency of S. 125 CrPC more or less same continues till she remarries and or until her death. However if she agrees to rejoin matrimonial home along with child then maintenance awarded under this section is rolled back. Another down side of S. 9 HMA is that no act of God can make an unwilling spouse re-join matrimonial home. So after 1 year of its execution against other spouse the first spouse becomes eligible for filing for divorce. In Custody suits as its is also a gender biased law initially you will be given 1 hour or may be 2 hours of visitation at court premises and if your side tries harder then visitation at Malls / temple courtyard so on so forth.


You should also read several past mails in the forum to understand the concept that you are asking query based upon.


Mind it innocence of a husband needs to be proved by a husband himself. Mere claiming i'm innocent does not go well initially in Courts as the nature of above hinted civil / Criminal suits are gender biased and heavily tilting towards women who are by birth considered the only as abalas.


Right now since it has only 10 days old facts suggested to “file a GD Entry Police Report of missing persons – wife and child stating without consent the wife took child and left matrimonial home on such and such day and is suspected right now to be at such and such addresses. Kindly help me to bring back wife and child. Keep at safe place this GD Entry police report!” Invest in searching in your area an Advocate and do take safety precautions, evidence collection right now when you already know that the marital life is flourishing on shaky empty four corners of the walls.


The third option is to become a lapdog to her / her side. If she says yes say yes and if she says turn left then turn left so on so forth.

You may pick ASAP from above guidelines which suits your best interests.

Thanks for you advice Sir. But, how can i file a GD Entry Police Report when i know that my wife and daughter are taken away by my in-laws as it was a wish of my wife only. Kindly suggest whether the Police can help me in this case as I dont want to file any case against my in-laws. Its just that they are believing their daughter blindly and are helping her in being more arrogant, aggressive, threatening and abusive. Will the police people understand my situation and help us bring together out of court.