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Querist : Anonymous (Querist) 26 November 2011 This query is : Resolved
Hi Experts,
wife left her matrimonial home,she is issueless while leaving her matrimonial home she also took away her sister in law`s daughter who was 2 yrs old in nov 2010,husband filed divorce petition in june 2011 & her sister in law filed application to SSP on october 2011,after application wife filed suit for permanent injuction after one week,where she mentioned that baby is her adopted daughter.Now plz suggest what is another remdy to natural mother? there was no adoption between them.can natural mother can file complait case to mazistrate?
thanks in advance

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Raj Kumar Makkad (Expert) 26 November 2011
What was doing the natural mother since last more than one year when she was having a knowledge that the wife of her brother has taken the baby with her especially when the relationship of both of them are not good?

It proves some flaw and version of the wife qua adoption of such baby but as there is no written adoption deed so natural mother can take its benefit and with the help of police, can bring her child back. Natural guardian can file a police complaint.

Suit for injunction cannot succeed without any written proof of adoption.

Devajyoti Barman (Expert) 26 November 2011
What the heck!!!!!
Lodge a case of kidnapping immediately. If the Police does not react within week then move a petition u/s 156(30 crpc before the Magistrate.
Do engage a good advocate.