Search warrant

Suresh Babu Rai (Querist) 08 December 2013 This query is : Resolved
Respected Members!
I have filed maintenance case, domestic violence along with police complaint for the offence u/sec. 498-a and sec.4 of DP act against the husband on behalf of my clinet/wife.
At about five days ago the husband along with his family members came to house of my client and taken her daughter (7 yrs old) from her custody forcibly to his place. My client has tried her best, but could not succeed in restraining her in-laws from taking the baby.
I have advised her to lodge a complaint at the PS, when the Police rushed to the house of the husband, the doors were locked. Even we have informed them to break open the doors as they hidden the said house.
Police did not break open the doors and advised my client to file a search petition, then they can break open the doors, or they can easily search the house with the search warrant of the court, as the in-laws are politically and financially sound in the society.
Pls advice me suitably for proceedings with search warrant….

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Guest (Expert) 08 December 2013
whether your client had obtained the receipt for the FIR filed.You could file habeas corpus petition for the child to be presented in court

Nadeem Qureshi (Expert) 08 December 2013
the husband has the same right as wife so search warrant or FIR will not be useful, it will be better to approch the court in whichthe DV case is pending and get custody order for child.

Devajyoti Barman (Expert) 08 December 2013
File case of kidnapping.
Habeus Corpus is also a good option.

Rajendra K Goyal (Expert) 08 December 2013
Well advised by the experts, Filing FIR of kidnapping and writ of Habeus Corpus are options.

Arvind Singh Chauhan (Expert) 08 December 2013
Please go through Sec 97, 98 Cr.P.C and proceed accordingly, by mentioning fact that daughter has been wrongfully confined against her will.