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My father-in-law took my wife & son and not letting her come back
31-Oct-2023 (In Divorce Law)
During after 3.8 yrs of marriage, we had couple of rough patches, among which one got nasty recently. While on way back home on highway she hit me during a heated argument which I also returned back in self-defense (I was driving at that time at 100 KMPH with 2 yr old son standing in front) Its been 3 months and her parent are not allowing her to come back despite of her wish to come back(Prestige issue of her father) and threatening me for domestic violence and divorce. After speaking to her I booked her flight to come back (she was excited to come back) but her father did not allow to board. My questions Can they register a case of domestic violence against me? (Tho her bruises are clear now and they have picture of the wound and we live in two different state) If yes then in which court? PUNJAB OR in Their State? Can they put a divorce case also? Can I do something legal to get my wife and son back (I know she wants to come but will not go against her father)
Sir she can put domestic violence case and u can also file the case against her. She can file the domestic violence complaint from her matrimonial home justification or parental home jurisdiction. You can file a case under section 9 Hindhu marriage act that is case for restitution of conjugal rights of spouse , where u can claim your wife and child back and live with u from Punjab itself or the city where u belong. She can file divorce case against you on the ground of cruelty showing bruses as proof and if u contest it with full conviction and not the them prove u can win as well. Rest the best remedy is to file a suit if restitution of conjugal rights under section 9 of Hindhu marriage act to get back your wife and son.
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Adv. Geetinder Singh
Amritsar | 100+ Answers
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First you can get her back by filling sec 9 hma case in court.even if she s interested to live with you then no body can stop her.she can file case against you under sec 406 , 498a ipc .even divorce and maintenance cases can be file against you.so if you want to live with your wife and child then try to reconcile wth her
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Adv. Deepak Sabharwal
Amritsar | 200+ Answers
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yes, I would suggest you to file a case under section 9 of the Hindu Marriage act for the restitution of the conjugal rights against your wife ( since she is living separately from you). She will come before the court and we can also convince the court to arrange the mediation talk (wherein her father shall not be allowed to say anything and your wife, you and judge only may have the compromise talks.) Its the need of the hour for you to file such case, it has some other advantages such as you prove yourself having intentions of rehablitation of your wife and son, which may be advantageous for you in case they file any criminal litigation against you.
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