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Kunal   23 July 2023

Wife and 4 month old child at in-laws house.

I m from Mumbai and my wife from Indore.

We have 2 children. One 7 years and other 4 months.

In 2018, my wife left house leaving child abonden no call no contact for 2 months. Then came with police from indore and took my child to indore. Then filed a divorce.i filed rcr. And after 4 months she returned to mumbai.

We had a second child in Feb 2023.

Everything was fine till 26th jun 2023.

Her mother died, and we (my self , wife and 4 month child) went to indore. Complete funeral, next day she started putting allegations and her chacha , mama, brothers all started abusing me and physically thrown me out of their home, threatened to kill me if I visit before 6 months. And also they will take back my other child from Mumbai also.

It has been a month, I call her every day. But her phone is kept switched off. She has again abonden elder child. Doesn't bother to call even once for him. I went to indore after 23 days , wait at nearby temple and request them to atleast show me my child there, no one came.

I doubt my in-laws have kept my wife and child captive.

I want to see and confirm that my wife is at her free will and my 4 month child is safe and healthy.

I consulted lawyers, but all say custody will remain with mother. And best that I can do is again file rcr this time.



Learning

 1 Replies

Mr. Sumitra kumar (Advocate)     23 July 2023

@Querist,

Decide yourself first:what is the key problem?

 

Anyway,

Q1.I want to see and confirm that my wife is at her free will and my 4 month child is safe and healthy.
 

Reply- If you have such gut feeling, file a Writ petition (Habeas Corpus).

 

Q2. If the question is of RCR

Reply- File a matrimonial suit if you so desire.

 

Advice- Try to settle the issue amicably with the help of your relatives and relatives of your wife.

 

Thank you.


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