Police not filed fir in kidnap case
Athi Vishal HD
(Querist) 01 May 2018
This query is : Resolved
Everyone in this system are on women supporters.
Respected Sir/Madam, My wife has lost her memory completely, she is physically and mentally abnormal due to the side effect after outcome of suicide attempt(hanging herself). Now she is living with her parents. My in-laws filed a case against me u/s 498(A), case is under trail in court. All this happens in 2013.
They kept My twins girl childs from 2013 to for 2017.
In May 2017 they sent my childs to my custody.
I admited them in prestigious school by giving huge donation.
But on 28. 04.2018 they suddenly kidnaped my childs without my knowledge when I'm in off.
I complained PI ACP DCP CP but they all r rejected to file fir and asked me to go to family court .
But as per my knowledge and knowledge obtained from LCI (lot of thnx to LCI experts) it is 100 percent cognizable.
If I go to family court it will take some time to get my chins.
Pl guide me wt shud I do next.
1. Pvt Complaint in court ? Or
2. Habeus corpus or
3. Put case in family court?
Or all of them ? Pl guide me
Ms.Usha Kapoor
(Expert) 02 May 2018
File Habeas corpus petition against the Kidnappers and police.complaint against the police. If police refuse to register FIR then file writ of mandamus seeking directions to police to register FIR.
Ms.Usha Kapoor
(Expert) 02 May 2018
File Habeas corpus petition against the Kidnappers and police complaint against the police.against the Kidnappers and police.complaint against the police. If police refuse to register FIR then file writ of mandamus seeking directions to police to register FIR.
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=832078
Ms.Usha Kapoor
(Expert) 02 May 2018
File Habeas corpus petition against the Kidnappers and police complaint against the police.against the Kidnappers and police.complaint against the police. If police refuse to register FIR then file writ of mandamus seeking directions to police to register FIR.
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=832078
Ms.Usha Kapoor
(Expert) 02 May 2018
File Habeas corpus petition against the Kidnappers and police complaint against the police.against the Kidnappers and police.complaint against the police. If police refuse to register FIR then file writ of mandamus seeking directions to police to register FIR.
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=832078
S.B.adil rahman
(Expert) 02 May 2018
File complaint to the police regarding the kidnapping of your children and if they refuse to lodge go for habeas corpus petition in the High Court. You may also obtain search warrant under section 97 Cr.PC and rescue the children. However, if the police is not recording the case then send a complaint to them by speed post with A/D and on their refusal to register a case you can file a complaint against them also to their S.P u/s 166A(b) of the IPC. I hope this will work.
Shamsheer Pal Singh Dhillon
(Expert) 02 May 2018
File a compliant before the Magistrate under section 156(3) for registration of FIR. on the parallel file a case for the custody of the children mentioning that your wife is not a mental and physical position to take good care of your children. File for divorce on the grounds of desertion and ill mental health.
Thanks
Shamsheer Pal Singh Dhillon
Head Legal
Ms.Usha Kapoor
(Expert) 02 May 2018
Don't just abandon your wife midway. Get her treated by a psychitarist and he writes off that it is a hopeless case then think of divorce,. IN PLACE OF HE
Don't just abandon her midway. Show her to a mental health expert.In case he writes off your wife's case as hopeless case then apply for divorce. Imagine you in her place. Empathize with her.How'd you feel if you are left in the lurch?Try to settle amicably.
IF YOU BECFONME MENTALLY ILL IF SHE LEAVES YOU IN THE LURCH HOW YOU'D FEELO?
Asgher Mahdi
(Expert) 02 May 2018
As said , your case is before trail court and even so I believe a defense lawyer is appearing on your behalf why cant you take advice from him rather approaching the forum.
Athi Vishal HD
(Querist) 02 May 2018
I never leave my wife til my death. But until my mother in law alive and criminal case is pending I can't live with my wife. Thnx for advise USHA mam.
Kumar Doab
(Expert) 03 May 2018
You and your wife can stay together away from your MIL..by free will of both.
