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Rajesh Agarwal   03 March 2023

Wrongful confinement of minor son by wives parent

Due to Matrimonial dispute wife is living at her parental house with minor son. Now wife gone to Pune for work leaving my son at her parents house. Now wives parent don't give me my minor sons custody. Isn't it wrongful confinement. Can I file case against wives parent under section 340 Ipc and pray petition 97 cr.pc for recovery of minor son


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 7 Replies

anubhav Bhatt   03 March 2023

File a Habeous Corpus petition before High Court for more clarification. You may contact us then I'll explain properly about your case.
Adv Anurag Bhatt
Allahabad High Court
Mobile 9198889990.

Rustam Walia   03 March 2023

I have a property in which there are some names entered by the concern authority by means of managing some money. Therefore I filed an application before the circle officer for deduction of those names in which a minor girl aged about 12 years claiming to be my deceased elder brother's daughter is now waiting for appropriate judgement from the concern authority (Circle Office) for entering her name in the record of mutation. Here, I also would like to tell you that in the record of mutation only my name along with my deceased mother is there, just after mutation about 1 year later I came to know that some names had entered in the jamabandi copy. Please help me in this regard. Thank you for your valuable response.

Shashi Dhara   03 March 2023

Wife's parents or wives parents how many wives you are having ,approch civil court under gaurdian and wards  act to take custody of your child as you are natural gaurdian.

P. Venu (Advocate)     03 March 2023

Originally posted by : Rajesh Agarwal

Due to Matrimonial dispute wife is living at her parental house with minor son. Now wife gone to Pune for work leaving my son at her parents house. Now wives parent don't give me my minor sons custody. Isn't it wrongful confinement. Can I file case against wives parent under section 340 Ipc and pray petition 97 cr.pc for recovery of minor son

The posting suggests deeper issues. Please post complete facts.

1 Like

Dr J C Vashista (Advocate)     04 March 2023

Besides the fact you are aware about factual and legal position on the facts, what is the opinion and advise of your lawyer, if you are party to lis ?

Sudhir Kumar, Advocate (Advocate)     05 March 2023

Pleae see following live arguments in High Court before venturing writ Heabus Corpus in this matter.

 

https://www.youtube.com/watch?v=Bl2iqHrJUMo

 

https://www.youtube.com/watch?v=Km2ShJ1invA

T. Kalaiselvan, Advocate (Advocate)     05 March 2023

Your minor child has not been illegally confined in its grandparents' house.

It is being taken care and nurtured properly with love and affecrtion by the grandparents.

If you want your minor child to be brought under your care and custody then you may file a petition under the provisions of guardians and wards act for child custody and also an application for visitation rights as an iterim relief.

Don't be misguided by big terms like haebus corpus cpetition or section 340 cr.p.c. of section 97 iopc etc.

Instead of olloking for straight relief, do not look on this issue with vengeance in your mind.

 

 


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