quesChildren with wife's brother. Can i go and get them? Can she complain?

Is there a legal way to go and get my children to Delhi? It’s been 6 years and 3 months of our marriage. My wife didn't even tell us and went away with the children to her brother's home. We filed a missing report in Police Station but in evening her brother called us saying she and the children are safe with them.


Now they are not letting me talk to her and are not even telling us where she is. Her brother abuses us saying that we don't treat her properly. Can I go and get the children if I find them at her brother's home and can she file a complaint if I do so?


  • ans


    No, it is not advisable that you should go and take the children from the mother as she can file a criminal complaint against you. As there is no Restraint Order you can get your children but if your wife calls police then it would be problematic.


    The options available for you are:


    In case you want to get your wife back along with the children, then you need to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.


    In the alternative, you can file a custody petition praying for the custody of your children. The Court depending upon the facts and circumstances may grant joint custody or sole custody with visitation rights to any of the parents.


    Kindly contact us for any further details and action.


  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Child Custody Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Child Custody lawyers in India

Similar questions

4years old child's mother has ran away form the child's father and the child's maternal…

The son now aged 15 years old , residing in Dehradun, was adopted by his…

hello sir i have 2 daughters 5yr old & 3 yr old ,i am staying…
My wife has an affair with boyfriend.i want to apply for divorce,before divorce how to…

Child Custody Lawyers in India

Advocate Diva Arora Menon

  Nizamuddin East
 Experience: 11 years

Advocate Sukhwinder Singh Rai

  District Court, Ludhiana
 Experience: 17 years

Advocate Namrata Jayakar

 Experience: 14 years

Advocate Saurabh Dalal

  Punjab and Haryana High Court
 Experience: 11 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly