PRAKASHCHANDRA MARU (lawyer) 21 September 2009
a lady who deserted by her husband so she is with her parents with her children but on the road fatherin law snatched away the children regarding the said matter she lodged simple application to the police but did not get result now what she should do ? shecan lodge for the search warrnat under the section 97 ofcrpc
Guest (Guest) 22 September 2009
If the dispute is between the daughter-in-law and father-in-law, then she should file a complaint in the police station complainig that the children have been kidnapped. if the police will not take any action, then she has to move application under Section 156(3) of Cr.P.C. before the magistrate. Or she can file a writ of haebeas corpus writ petition in the High Court seeking the production of children before the court.
If the dispute is between she and her husband, then she has to move appropriate application for custody of children under Hindu Minority and Guardianship Act.
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