Lodging a fir
Anand purandare
(Querist) 15 May 2016
This query is : Resolved
My mother-in-law and father-in-law agreed to take care of the expenses of delivery of my first child and also agreed to return after good rest. But when I went to receive them, they (my in-laws) started quarrelling over previous matters and simply refused to return the wife or child who is now 10 months old. We tried to mend things involving mediators, but they seem to not responding to mediators. Please guide me what FIR can I lodge about the same and where can I lodge the same, (in my native place or the place where my wife is currently living).
Devajyoti Barman
(Expert) 15 May 2016
No FIR can be registered if your wife is also not willing to come back to you. try to resolve the dispute after negotiation. Taking legal recourse will only compound the problem.
Anand purandare
(Querist) 15 May 2016
Does that mean one can conspire and cheat and is still immune to the law? Why problems were only told when we had to return. If problems were genuine, they did have their urgency and could be discussed earlier as well.
Sudhir Kumar, Advocate
(Expert) 16 May 2016
what was the issues on which they found.
If you were living in Taliban ruled Afghanistan then the police would have arrested your wife.
you can see tha following link
https://www.youtube.com/watch?v=MWsSVkzskos
you cannot give FIR but they can. all you have to do is to provoke them.
Soon someone will advise you to file RCR case which is almost guaranteed tool of ensuring that the wife files criminal charges on husband family. This forum is full of such queries.
Anand purandare
(Querist) 16 May 2016
That should be all! THANK YOU Experts!
dev kapoor
(Expert) 17 May 2016
Hi Anand
That's not it.Perhaps you not explained your case well.
Pls tell us whether your wife is willing to return.Don't leave anyone guessing.
Seek the advice of a local criminal lawyer and if advised secure warrant under section 100 Cr.P.C complaining these guys have unlawfully detained/confined your minor son WITHOUT YOUR (GUARDIAN'S) consent.This amounts to unlawful confinement.Your parents-in-law are not his natural/legal guardians.If Child's Mom is its guardian you don't seize to be its guardian and have every right to have genuine access to your child,who has no discretion of its own.
Well,there may be some argument on this but if your case is represented well by your lawyer,JMIC will issue a search warrant and has the power to entrust custody of the child to any one of the parent.Since the child is a suckling baby,mother is preferred to take care of the child but in that event you will not be debarred for meeting your child.
If your wife is in contact with you and is willing return her parents cannot stop her.If they do include your wife also for being presented before JMIC issuing search warrant.
If things go from bad to worse request the Magistrate to refer your case to a MEDIATOR.This action will save you from any expected future litigation initiated on behalf of your wife 'maintenance allowance" claim & so on...
This action can help you establish your bona fides to keep your wife and child in your fold/bosom.
Go ahead.
Don't waste time.
If you still want to lodge FIR,there is no legal impedement.You can register a case or file criminal complaint u/s 342.....IPC
dev kapoor
(Expert) 17 May 2016
Ss.342,504 & 506 IPC but you must hv evidence
Anand purandare
(Querist) 04 June 2016
My wife is not willing to return. She has been ill fed by her parents. There was a dispute which happened long back between families and she is revenging it.
Anand purandare
(Querist) 06 September 2016
Hi Dev, were do I do the above complaint, at my native place or where the child is currently living?
Sudhir Kumar, Advocate
(Expert) 13 September 2016
You just cannot file any complaint as long as your wife is not willing.
You just have to convince her.
Sudhir Kumar, Advocate
(Expert) 13 September 2016
You asked
"Please guide me what FIR can I lodge about the same and where can I lodge the same, (in my native place or the place where my wife is currently living)."
you should better ask
"Please guide me what FIR can be lodged against me where (in my native place or the place where my wife is currently living)"
Sudhir Kumar, Advocate
(Expert) 13 September 2016
you asked
"Hi Dev, were do I do the above complaint, at my native place or where the child is currently living?"
You can file anywhere. Police complaint at any of these places will be good enough for your ruin.
