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?
Answers (1)
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.
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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 contact a Lawyer of your choice to address your query in detail.
Related Questions
- Seeking Child custody in a mutual divorce case.
- After separation my son wants to stay with me how can to get custody
- Son was taken by in-laws when i was arrested?
- Can I get custody of my Son who is living with his grand parents ?
- How to take stay on the child custody
- Can mother having child custody leave country without father's consent
"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
Related Articles
- Child Custody Rights of a father before divorce
- Age of child 5 years father not ready to give up custody what to do
- How to filed a complaint against child marriage
- Can you file for Child Custody without Divorce
- The Hindu Minority and Gaurdianship Act 1956
- Child Custody Rights of a father before divorce
- Age of child 5 years father not ready to give up custody what to do
- How to filed a complaint against child marriage
- What is the procedure for adoption of a stepchild
- Can I get custody of my daughter after second marriage of my wife
- Child Custodial Rights
- Child Custody in India
- Child Custody Laws After Divorce in India