My wife left for her parents’ home in [town name], which is about 350 kilometers away, 14 months ago. We were married on July 4th, 2005, and have two sons: a 9-year-old and a 16-month-old. My wife’s family has stopped answering my calls and even instructed my older son’s school not to let anyone meet him without her permission. I want to see my children, but I’m hesitant to go to their home. How can I meet my sons? What are my legal options? Is Section 498 of the Indian Penal Code applicable, even though I never demanded money? My wife’s family is spreading rumors that I did.

Apni Law
Apni Law
Law Forum › Category: Divorce › My wife left for her parents’ home in [town name], which is about 350 kilometers away, 14 months ago. We were married on July 4th, 2005, and have two sons: a 9-year-old and a 16-month-old. My wife’s family has stopped answering my calls and even instructed my older son’s school not to let anyone meet him without her permission. I want to see my children, but I’m hesitant to go to their home. How can I meet my sons? What are my legal options? Is Section 498 of the Indian Penal Code applicable, even though I never demanded money? My wife’s family is spreading rumors that I did.
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Apni Law Staff asked 1 year ago

My wife left for her parents’ home in [town name], which is about 350 kilometers away, 14 months ago. We were married on July 4th, 2005, and have two sons: a 9-year-old and a 16-month-old. My wife’s family has stopped answering my calls and even instructed my older son’s school not to let anyone meet him without her permission. I want to see my children, but I’m hesitant to go to their home. How can I meet my sons? What are my legal options? Is Section 498 of the Indian Penal Code applicable, even though I never demanded money? My wife’s family is spreading rumors that I did.

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Best Answer

Apni Law Staff answered 1 year ago

You can file a habeas corpus petition in the court to seek custody of your children. You can also file a complaint under Section 498A of the Indian Penal Code against your wife and her family for harassment and domestic violence. Section 498A does not require a demand for dowry, focusing on the broader issue of cruelty and harassment.

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