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

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.