Home | Legal Advice | Family Law Advice | How to release wife from her parents custody

How to release wife from her parents custody

Sir I want to know how to release wife from her parents custody? I am a Physics teacher and used to give home tuition. During the lockdown I went to teach home tuitions to a girl student at her home. Gradually, we love each other and decided to marry. Her parents were against our marriage, therefore, we solemnised our marriage in a temple. We went to register our marriage but her parents were present at the registrar office. They took my wife and threatened me to keep distance from my wife.

Thereupon, my father in law lodged a FIR against me for kidnapping. My wife’s age is twenty years and she is of sound mind. She will not give any statement against me in that case. I want to take my wife back from the custody of her parents. Please help.

Question from: Karnataka

Your wife’s age is twenty years and she is free to solemnise marriage as per her wish. She does not need consent of her parents before the marriage. Therefore, your marriage is valid under section 5 of the Hindu Marriage Act. A valid marriage confers some rights and liabilities on the husband. Husband becomes the guardian of wife after the marriage. Hence, parents of wife cannot claim guardianship over her daughter.

An adult girl has the right to choose her life partner. Your wife has exercised her right because she is above the ager of eighteen years. Later on, custody of parents against the will of daughter becomes illegal. Therefore, you can prove that she has been in illegal custody.

How to release wife from her parents custody?

The detention of your wife is illegal. You can seek release of your wife from her parent’s custody under section 98 of the Code of Criminal Procedure. The District Magistrate has the power to pass an order of immediate restoration of liberty. Therefore, you should file a complaint to the District Magistrate under section 98 crpc. This is the most swift and effective process to release wife from illegal detention of her parents.

Don’t file writ petition under Article 226

Article 226 of the Constitution of India vests a special power in the High Court to issue a writ of Habeas Corpus. The High Court issues writ of Habeas Corpus to release a person from illegal detention. This is an extraordinary power of the High Court. The High Court exercises such power against the State or public servant. When a private person wrongfully detains a person, the court does not entertain its writ jurisdiction under Article 226.

Thus, you should not file a writ petition for releasing your wife from her parents custody. In this situation, section 98 impowers the District Magistrate to free a person from illegal detention of private person. However, the Sub-divisional Magistrate and First Class Judicial Magistrate can also exercise such a power under section 98 crpc. You should file a complaint before any of them.

Lawyer’s advice

My careless father forcing to marry a man of his choice

My father forcing to marry with a person of his choice. First I will tell you about my family, a heart patient father and cancer patient mother, we have 3 daughters. Their first daughter always wants to achieve something but due to our family situation we married her...

My husband fights after drinking and demanding divorce

I had a love marriage in 2012. My husband was into the hotel business but later left and started looking after his fathers property which is a boy's hostel. He has gotten into drinking and bad company. Fights for small things, we stay in his elder brother's house. My...

Divorce on abnormal behaviour of my wife

My wife’s abnormal behavior causes much trauma. I want divorce on the basis of abnormal behavior of my wife. Sometimes being good and sometimes threatening me by saying she will suicide.  She had suicide attempts twice. And discharged from hospital. Only message...

How to get stay order against section 125 CrPC

The maintenance order passed under section 125 of the code of criminal procedure is tentative in nature. The court may stay the maintenance order passed under section 125 crpc if wife already getting alimony under section 24 HMA.

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.