• Threats to take away child

I am living with my parents with my 3.5 years child. I have been mentally harassed by my husband and don't to go to him although he keeps asking me to move in with him. I have been like this for over 5 months now.
Since I refuse to go with him, i am being threatened that he way take away my child. I don't want to let go of my baby. Can my inlaws my husband take away my baby by force. What is my legal option.
Asked 2 years ago in Family Law from Vadodara, Gujarat
Religion: Hindu
1. You are silent on the gravity or intensity of mental harassment. In marriage initial frictions re there which with passing of time fades away. Staying away from your husband is likely to end the marriage with each passing day.
2. Nobody can lawfully take away the child from you . If someone does that he may be criminally prosecuted for kidnapping the child. You may inform the local police about such threats.
3. I would suggest you to talk to your husband privately to iron out the differences amicably.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Your husband can  file for RCR or can file for custody IF he want to go legal.

No one can take your kid away from you lawfully - forcefully if he tries to do that you should immediately file a criminal complaint.

To be on safer side and if you are sure you cannot sail for your life with your husband - it is suggested to file for protection, consult a local lawyer for filing the said application. Your husband or anyone would not be able to harass you post this and in case the still continue they would call for trouble for them. 

Stay Safe - God Bless
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
1. If the child is in your custody then your husband cannot take him away except if he has a favourable court order. The due process of law commands that your husband should seek the custody of his child by filing the appropriate petition in a court of law.

2. Before he files a case for child custody you may apply for custody of your child.

3. Depending on the threat perception you are facing, you may seek protection from the court to restrain your husband and in-laws from taking the law in their hands.

4. Since you have been mentally harassed by your husband you can file a case for domestic violence to seek the right to reside in your matrimonial house without any further physical and/or mental abuse, or seek alternative accommodation at his expenditure.

5. You may also file a case for maintenance for yourself and your child as it is your husband's duty to provide financial support to both of you.

6. Last but not least, you may file for divorce on account of cruelty meted out to you.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) record threats received by you from your husband for forcibly taking away your child 

2) lodge police complaint against your husband for criminal intimidation . 

3) your husband cannot forcibly take away the child from you . if he does so lodge complaint 

4) you can also file DV case against your husband seek alternative accommodation , maintenance and compensation for mental torture you have undergone . 

5) you can also  file for divorce on grounds of mental cruelty  and seek custody of child

6) custody of minor  child is generally awarded to mother . in your case baby is only 5 months old . court wont grant custody to father at most he will get visitation rights
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. Police has no role to play under the law in a dispute relating to child custody. So police will not come to your rescue in the event that your husband and/or in-laws wrestle your child away from you, but if there is a court order in your favour the police shall be duty bound to obey it. Legally speaking, your husband cannot take the child away from you except in accordance with the law, but if he does then you will have to approach a court of law to recover the custody of your child.

2. The only precautionary measure which you can take is to apply to the court for protection and child custody.

3. Chalk out your legal strategy carefully.

4. You are free to approach any of the lawyers on kaanoon by taking their contact details from the home page.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) we have already advised you regarding precautionary stpes that can be taken by you . 

2) you had been advised to record his threats received over telephone 

3) lodge police complaint of criminal intimidation 

4) file Dv case against your husband 

5) your husband if he wants the child will have to apply to court for child custody . he cannot take law in his hands 

6) you are at liberty to contact any lawyer from kanoon.com for further guidance
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
I think by this time you know that as you have right over the child your husband too has right.

If you knock the door of court the child could be entrusted to any one of you according to the facts and circumstances of the case and the way you put it.

So decide accordingly.  Be ready to face this dark side.   

If you are well fond of your child you should sacrifice yourself and should settle it amiciably.   Since you say that you have difficulty in engaging lawyer and access to police or family court , you may have to chose the option of going along with your husband.
Bhaskaran
Advocate, Bangalore
21 Answers
0 Consultations
Not rated
Dear Querist
File a domestic violence case against them and try to get protection and child custody order from magistrate court under protection of women from domestic violence act, 2005.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Mother is the natural guardian of a child up to 5 years of his/her age,

2. Your husband can file a child custody case claiming custody of your child but is not likely to get any favourable order,

3. If your husband forcefully takes away or kidnaps your son, then it will be treated as a crime,

4. As a precautionery measure, you can lodge a  police complaint against the threat of your husband to kidnap your son.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. You shall have to lodge the complaint about your husband's threat to your local police station,

2. Send a copy of the same to the local DSC/SP,

3. After that file an application u/s 156(3) praying for direction upon the police to investigate and act based on your said complaint,

4. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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