Child and wife custody

Send a legal notice to your in-laws calling them to escape your wife and child,if they would not comply then lodge a complaint to the local Police and file a case under sec.97 Cr.P.C.in Magistrate Court.

Originally posted by : downto earth
	Dear Friends, I have a problem with wife and child custody with my inlaws. My wife bore a son who is 2 months old and she is at her parents place in Gujarat. Her own parents are harrasing her thereby affecting my wife and childs health. I tried speaking to in laws to send her back to my place in Mumbai (Dist Thane) but they are not letting her until next 3 months. In this case do i haVe any rights as a husband and father to that child wherei can work it out. If i take the police with me and my wife says she wants to come with me, will police helps me to bring them back to my home. Please help me since i am worried abt my wife and child both.

I really cant make out why these women do this drama, get pregnant, go sit at mom's place, deliver child, then start accusing husband and in-laws that too when she delivers a male child.

Thanks Minansu. But i have 2 queries:

if i file a case will i get immediate possesion of my wife and child or we will need to produce any docs like marriage cert or childs birth certificate. I am asking this bcos i fear birth cert might be with in laws.

Originally posted by : downto earth
	Thanks Minansu. But i have 2 queries: if i file a case will i get immediate possesion of my wife and child or we will need to produce any docs like marriage cert or childs birth certificate. I am asking this bcos i fear birth cert might be with in laws.

Dont know what is this fuss all about, you acting as if they have chained her to a pole and wont let her go.

As your inlaws have told 3 months, wait for 3 months. 

It is very difficult to handle a 2 month old baby.

Let the baby become 5 month old, then easy to handle, the neck would have been stabilized and you can swing the baby in the air!

And whoever suggested you to put a  case, try kicking them in their arse.  Going to police station, is the stepping stone towards failure of marriage!

Hey Helping Hand..pls keep out of this if you dont have any help to offer. Why dont you rename your profile. Doesnt seem like a helping hand.

Sit silently and wait for another 3 months. Dont overact otherwise it will be converted in other criminal cases aginst you.

Dear CM Jain Sir,

How come a criminal case be filed against me when my wife does not want to stay there with her parents. Its affecting her health hence i am forced to do this. I cant wait for 3 months. Can you clarify?

@Author,

Please enlist all cases on / by you to forum and stat your facts to get more accurate/helpful replies. People @this forum are really helpful and gives sensible replies.

Try to convince your in-laws and wife

do not ry to convince but get convinced.  Such a small child is too small for a new mother to handle.  Do not overreact.  Some persons have already advised you against it and they do not seem to be your enemies.

Dear Dewnto

You have right to file a complaint before SDM.DM

97. Search for persons wrongfully confined.

If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue, a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

 Feel Free to Call

98. Power to compel restoration of abducted females.

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge or such child, and may compel compliance with such order, using such force as may be necessary.

Originally posted by : downto earth
	Hey Helping Hand..pls keep out of this if you dont have any help to offer. Why dont you rename your profile. Doesnt seem like a helping hand.

There was no intention to cause trouble to your mind.

Your query does not give any details about what actually happened as to why your inlaws are torturing your wife and the newborn.

By experience, I said that your wife has deserted you, and you are only trying to find reasons to file a case against your inlaws, as your inlaws have tutored your wife not to go back to you.

No parent would torture their own daughter who has just given birth to a male child!

Male child in any Indian family Is treated as a vamshodharak, who could carry forward the legacy of elders and ancestors.

Given all the above facts which are seen in day to day life, your story is not complete.

Please come up with the whole story, [both sides] which would help us members of LCI to give better solutions to you in handling your problems.