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Anu (Engineer)     27 November 2014

Urgent help needed: how to get child back from wife? rcr ?

My cousin brother got married in January,2013 and his son was born in January, 2014. However after the marriage, his wife neither accepted his house nor his family (father,mother,sister).My cousin never argued with her over this and continued to take care of her during pregnancy and whenever she fell sick.Also,his family took great care of her, thinking that after she becomes mother she will change. But after child was born she never took care of child, cousin's sister used to take full care of his son, except feeding the baby. Now from August, his wife's mother started calling her daily for 2 hrs and was thus brainwashed and pressurised her to come and live with her, but cousin and his family were not in favour of sending her with little son as she wasn't taking any care of her son. So they all  decided to go to her home. When they reached there, her mother insulted cousin's family at maximum in front of relatives but none from my cousin's family argued. Now in October, wife's brother and uncle came to cousin's house and liedthat her father is very sick and wants to see little one also.After much heated argument, they were sent. 1 month passed, they didn't picked up my cousin's phone, neither his wife. In November my cousin and his father went to her home to take her back , but there his brother and uncle threatened that cousin that his family will be sent to jail for dowry. Her mother also said that cousin and his family has to write on paper as per her wish and cousin needs to visit regularly and make her parents happy, say sorry to her family after which they will think of sending her back. Among all this the little boy (cousin's son of 8 months old) is very much terrified at her home.My cousin wants his son back but his wife is not wiling to come back neither giving the son. Cousin has tried several time to convince her over phone but now she is threatening him.We have started to record her phone calls now as a proof. One more thing cousin's in-laws are migrants from Pakistan and migrated to India 25 years back. Her parents have Indian nationality but neither she nor her brother has Indian nationality.My cousin after marriage has filed for her nationality and she is supposed to get it in December,2014. How can we stop her from getting nationality now and should we fie FIR against her for harrasment  and then file RCR and child custody to get back the child. Cousin's wife is rigid neither to come back nor to give the child.Which legal option should he choose. Pleas advise...



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     30 November 2014

You have repeated the same query in another thread too. To know about my opinion to your same query, you may better visit the previous thread.


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