Kuntal0000 (xyz) 09 May 2013

Wife left with in laws and no contact

Hi,

Sub : Wife left with her parents Threating Police Case and no contact

Marriage Date : 12 May 2012

Place :West Bengal, Both of us are from West Bengal . She stayed tilll date for about only 4-5 Days in WestBengal at my Home There.. Between May -July ,2012 stayed in Delhi.On July 2012 she went to see her parents . Then we (My Wife and myself) moved to Ahmedabad,Gujarat. in July 2012 .

From Oct 2012 Till date my Parents are staying with me in Ahmedabad, Gujarat fro Medical treatment. She wanted to go home in April 2013, I booked her ticet on May mid ,2013. Since she didnt have any id proof ,i booked the ticket with my parents .

Sudeenly on the end of april she said that she wanted to go the next day. I didnt get the tatkal tickets ...She called her parents and they took her to West bEngal.

Before going she opened her mangal shutra, and threated with police case. Her parents didnt even talked with me ,stayed at a hotel and took the next days train.and left her mobile with me.

Her family is poor and she used to ask me to send money to her parents which i refused

After going about 8 days now they didnt even contact me.

My dad sent a Registered MAIL to her parents asking the condition of my wife. WE didnt talk over phone or sent sms to avoid any misconfusion, or she may record and the conversation and it may be misused ..

Kindly let me knwo what should be my course of action.

Suggestions which i received are

a)To go to the police and lode a daily saying her parents took her then the police will issue a search warrent and bring her to ahmedabad from West Bengal and question her what she wants

b) Go to court and do something like haebaes corpus ...when the court will bring her from bengal to gujarat and ask her what she wants

c) to keep quite and watch her forst move

I AM AFRAID OF 498A

Some say that she cant lodge it in bengal and she will have to come to ahmedabad to lodge it

So what should i do now ?

1)Wait or go to police

2) Can she lodge 498A from anywhere in India , or lodge from West bengal and police will arrest us in ahmedabad .?

Kindly help me in this two questions

nb :her family status is poor,so rarely think whether she will com to ahmedabad from bengal to lodge a complaint

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2 Replies

Tajobsindia (Senior Partner ) 09 May 2013

1. Ideally husband may help In-Laws if marriage done from a poor family as per once capacity / reasonableness of such requests seeking help. Afterall Indian marriages are all about joining of two diverse families status. Stressing time and again in brief spouse to be poor is in bad taste as per my bare reading. Being poor is not crime, one should have seen that before marriage now it is too late to stress such status is my view. It is not advisable to say point blank NO when either spouse ask for monetary help is also my view.

2. You may lodge a general diary report with local police stating in short incidence of in-laws arrival / staying at local hotel and taking wife without your consent with no communication till date and may be at such and such address. Please help a husband in reuniting with his wife. Seek stamped / signed receipt of the same.

3. HCP is for genuine cases which I feel this may not be one bare reading the brief (first cut).

4. Police in such reporting normally do not act.

5. She may or may not file any case yet since you are brushing your family law vocabulary so keep short change ready for such options usage from her side.

6. Since she is in her natal home and some part of your marital life both of you spent there she may use her natal home jurisdiction to invoke some criminal family law cases.

7. Advised to search for an advocate locally via reference and use such Chamber discussions on retainership basis model till actual case falls on once head and solely dependent on forum discussions are not advised mode.

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Kuntal0000 (xyz) 09 May 2013

HI , i Have a query regarding the following option as suggested

2. You may lodge a general diary report with local police stating in short incidence of in-laws arrival / staying at local hotel and taking wife without your consent with no communication till date and may be at such and such address. Please help a husband in reuniting with his wife. Seek stamped / signed receipt of the same.

After the GD is lodged ,the police has to do something, so what do they generally do

Question :

1)Do they issue a search warrrant and bring the lady from West Bengal (my inlaw's house) to Gujarat (where i stay). and ask her what she wants

2) After that can she falsely implicate me in 498a or harrasment cases

Her sister has earlier threatened me that if her sister (my wife) doesnt return then she will ask for huge compensation.

so pl suggest

NB: Kindly also notet hat in two months i will be leaving ahmedabad(where i had been staying for the last 9 months) and move to west bengal in a new job