Guidance
hello good day
(Querist) 03 September 2012
This query is : Resolved
sir/ms.,
good day !!!
like to know are there any provision in law/regulation under which in-law can file a suit against parent of their dauighter-in-law for not allowing her to go to her marital home ?.
if there is such provision, then in that case, suppose in-law take recourse through it to bring her back and in process if she declines to come back then what is the counter action in-law has to face ?
regards.
gautam.
Guest
(Expert) 04 September 2012
It is a wrongful confinement.
The best possible solution in such a case is to file a writ of habeas corpus in the HC wherein the HC would direct the police to produce the girl before it. On her production the court will ask her about her wish. If the girl expresses her desire to go along with the husband, the HC will set her free.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court.
V R SHROFF
(Expert) 04 September 2012
Husband is a guardian of married girl.
Husband can file RCR
Yes Hus can move WP in HC , to set her free.
Arvind Singh Chauhan
(Expert) 04 September 2012
In addition to opinion of Ashish Sir. Complaint to DM or SDM under Sec 98 Cr.P.C. is short cut & accurate way.
JANAK RAJ VATSA
(Expert) 04 September 2012
file petition for RCR in family court
Guest
(Expert) 05 September 2012
Complaint to DM or SDM in a matter like this seldom produces the desired results.
