Is it crime to kidnap wife?

Is it a crime to lock your house ocupied by your tennant?and forcefully evict your tennant, without resorting to the procedures provided by Law? Same is your position. Dont take the law in your own hands,

Dear Querist,

First of all it is not kidnapping - assuming your wife is above the age of 18 years.

Secondly it may be the offence of abduction if you forcefully compel your wife to accompany you. However abduction is an offence only if it is done with specific intentions such as - to murder, to wrongfully confine, or to push into prostitution. Which is not the case here. Hence the law would be reluctant to take notice of this act of yours. However she still has the 498A/406 Cases to file - for she may allege that it meted out cruelty to her. 

Is it crime to kidnap and get her to my home forcefully?

Y E S - punishable under DV & 498a

@ wanttolive

i have still confidence that she still agree to live with me. if we stay for 2-3 days together.

Can you imagine the OTHERWISE situation ??

no person / no law can force husband and wife live together against their own will.

personal problems should be settled on personal front, amicably.

what is believe is - 

Hammer (of law) can be used to break (not to join)

Rightly said, no use of exhausting urself about this thought..........................nip it in the bud.

U may be in deep sh*t if u try to take her FORCIBLY!

It is not a crime of kidnapping/ abduction of a wife.

But the repurcussions might be more dangerous.

Rightly advised, nip this thought in bud

doesnt kidnapping involve taking someone against his will ?

In Indian law, which still stands, Husband is the Lawful Guardian of the wife.

And lawful guardian can not kidnap/ abduct.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@ wanttolive

Why you are taking the laws in your hands by Abducting your wife rather opts for the  legal remedy by filling the petition u/s 9 of HMA (Restitution of the conjugal Right) . Though it may take some time, but it is more fruitful.

Firstly, while taking away your wife forcefully from your in-law’s Place you will surely committed the crime of criminal House Trespassing. ( punishable upto 2 years)

 Secondly, if your wife makes a slight protest while you are forcefully taking her away, your in - laws can legally use any force/ injury against you even upto causing Grievous injuries. (Any injury except taking your life) and they are fully protected under law.

Thirdly, if your wife is not willing to join you, then taking her away with you, makes you liable for offence of Wrongful Confinement. ( punishable from 1-3 years)

Fourthly, your unwilling wife can get you convicted for offence of sec 498-A IPC as well as DV Act. (punishable upto 3 years).

Fiftly, If your wife is aged more than 18 years (which I hope she has) you are not her guardian at all and not protected by the law.

So I think it is better to follow the leag remedy of RCR as court will try to compell your wife to join you, rather than to take the law in your hands and risk for the above punishments.

@ wanttolive

Dear wanttolive

First of all keep your mind cool and behavior balanced.

As far as I am able to understand you query from your text (which is not clear on certain points due to certain grammatical & typographical errors) you have the following options:-

1.     1.   First of all decide whether you love her enough & really want to save the marriage or just a wants to get rid of all the troubles of your life and starts fresh with someone new.

2.      2.  If you want to save the marriage (then why you have signed on the petition for Divorce with Mutual Consent earlier), then you can withdraw the consent by expressly telling the judge at the time of next hearing of the case. It is the natural process for the judge to hear the other side before allowing you to withdraw the consent as you have earlier given a joint statement before the judge. Even if Judge allows you to withdraw your consent ( which he will surely do being legally bound to do so) your wife can file for divorce on others grounds. Then she is requires to prove the ground. You should be ready to face strong false allegations by her.

3.      3.  Filling false case against someone is wrong and allows you to claim compensation & coast from those persons by filling another suit, after dismissal of the first suit which is already pending. ( filling new suit means going court again & again which you surely not want to do as its going to affect your job).

4.     4.  Some laws in our country are great gender biased due to ancient thinking that an “Abla nari” will never comes to the court unless she has real great harassment. Though the position has changed a lot these days. Law is Law & neither of us can change it.

5.     5.  Most of the false allegation & story is made by her advocate in order to prove her case. It is natural & don’t take it on your heart that she is putting false allegation against you. She is just saying the things as told by her Advocate.

6.     6.  If feels extremely necessary change you Advocate with good one ( need not be a big name rather one who can give required time & efforts to your case).

7.     7.  If you truly loves her then first withdraw your consent given for MCD ( as I can understand from your writing) and then file for the RCR immediately as it requires her to appear before the Mediation centre where you two can really found out what is wrong with your relations. During mediation don’t hesitate to admit any mistakes done by you (either knowingly or unknowing) and tries to persuade her to give a second chance to your marriage. It is your only hope. If you comes to know that she really not want to live with as wife then let her go ( most difficult one, but you have to do so for sake of your forgotten love) and dissolves your married tie by adopting MCD so that most precious years of both of your life will not spoils in fighting to each others in court.

8.       8. Remember one thing that marriage is like a cycle. It will run smoothly only when both the tyres( you & your wife) are running with cordination. If either of them stops working them you can only drag it with problem, but can never run again. So it is better to change the wheel and tries to start with fresh one.

Ur signatures on 2nd motion are MUST dear, she cant get the fruit  of MCD without ur will, judge also can not bypass this formality of ur sigantures if he wishes to give MCD decree!

There are other legal means. Don't indulge in these things. It may not be kidnapping but if you confine her, you can be prosecuted for that.