Children 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?
Answer
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.
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