Legal Question in Criminal Law in India

I got register married in 1991 and stabilized my life with lot of ups and downs. My wife was coordinating with me till 2002, even though we had some disputes. But she joined hands with her parents in 2001 and started harassing me. At present I am working in saudi and supporting my wife and 4 children. They live in the house owned by me. My parents are living in a rental house in the same town.For the last 02 months our disputes exploded and she wanted to take revenge on me, children and my parents. Children does not want to stay with her. But her parents bribed the police and hence police scolded and threatened my children and forced them to stay with her. Later she made a scene at my parents' house and she lodged complaint against my parents. Police also never registered a case when I made a complaint when she kept the kids starving. Now she filed a 498a and another criminal case on my parents. They got bail before getting arrested. But they are yet to receive summons. Now she is withdrawing money using my ATM card but she kept on my children starving and they are harassed. She is not picking the phone and not let me contact kids. By chance when I happened to talk to them, kids are weeping and ask me to help. If I resign and go I have to lose job and I have to face arrest. Then I will be financially crushed. If not my children and parents life is in danger and police are bribed. Protection officer of DVC UNDERSTOOD the treachery of my wife but legally how can I safe guard my children before they succumb to death or depression? Please advise.


Asked on 9/13/11, 5:41 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Approach court for custody.

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Answered on 9/13/11, 9:13 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may file a petition for custody and till you do not get the custody, you may seek visitation rights. regarding cruelty being inflicted upon children, the children themselves may complain to police.

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Answered on 9/14/11, 2:24 am
Sanjay Kalra Sanjay Kalra & Associates

You cannot much about your children as you are out of this country. You can authorise someone to file a custody petition but court is not going to give you the custody of children in your absence . Try to settle the issues with your wife .

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Answered on 9/15/11, 5:51 am


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