• How can I get to meet my child taken away by my wife.

My brother's wife has run away from our home along with our son. The case was taken in the women's cell and there is no concrete solution came out so far. We have been saying from the day -1 that we want her back in our family but she is not ready to come back.
1) Its been 2 months we have met our child. How can we meet our child. What are the legal options we do have and how much time and money it will take to persue them?
2) She has made him to skip his school and also his 3rd class exams which will lead him to drop for 1 year. What are the actions we can take to avoid this?
3) She has filed a complain in Police Station with some wrong allegations on our family without any evidence. What are the impact of those allegations and what can we do so that we dont fall into any kind of trap or any kind of legal issue later because of her report.
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

1. Time and money will depend on the lawyer you engage, you will have to file a custody case. Additionally you can file a case with the child help line to enquire about the status of your child.

2. Immediately filed custody case and claim the visitation right, tell the cour tthat welfare of the child is being compromised.

3. If the allegations are grave then obtain Anticipatory bail from the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File application before family court and seek joint custody of your son

2) court would award you visitation rights for the son

3) in alternative file habeas corpus petition in HC to direct Police to produce your child

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

If there are allegations which are serious in nature better get anticipatory bail from court verify whether FIR iss registered or not.

Secondly file a case for custody of child and also seek for visitation rights stating that welfare of child is of prime importance.

If you want her back in your home ask your brother to file for restitution of conjugal rights case against her in local family court.

If the child is not of your brother and it is of you people better lodge a complaint of kidnapping.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You need to file divorce and custody case for the same.

You need to check what Complaint has been filed after that only specific resolution can be given. If FIR filed then you need to take ABA.

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

1. If she does not allow any f you to meet the child then seeking legal intervention remains only option for which you can file a suit for custody of the children.

2. In the custody suit you can highlight this issue so the court may consider that welfare of the child is more secured with you than the mother.

3. if g.the FIR is registered on her allegations then you will have to apply for bail. Otherwise ignore such complaint and resolve the dispute amicably.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. File a petition seeking restitution of conjugal rights since your brother has been abandoned and deserted without any just and sufficient cause. This remedy is to ensure that she gets back to the house.

2. File a petition of habeas corpus, to get back the custody of your child. Mention in this writ petition that she's been denying the father's access to the child; and that the child has been held has been held as a captive without proper care and attention and that he's missing his school.

3. There'll be mediation before the Police and the Police will attempt to extend it's counseling to you and your wife. It is very much possible that with their intervention, this dispute will be resolved amicably.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The allegations will be investigated and if found false will be dropped in the FR.

You need to file a custody petition in the court or move a hebous corpus writ in the High Court but I don't expect any relief from HC as well because the boy is in her mother's custody.

If he is more than 5 years you may have some chance to get back the custody.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) Your brother can file RCR case against her. So she can stay at home together.

2) Otherwise child can be in father's custody as he is 5 plus years.

3) No false allegations can't be treated very long unless it's proved.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Approach high court file a writ of habeou corpus once child produced before court there shall be mediation, you can file a application for child.custody in family court seeking custody as for welfare of child as mother as been negligent towards child.

If nothing against you is found in.FIR in the final.report the IO shall drop the charges agaisnt your brother.

Also check status of FIR under what sections allegations are made against you, in case FIR filed seek a Anticipatory bail from court to avoid arrest.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Respected sir ...

As per me you must have to think about this ..The complaint which she filled against your family is a sign for you else to be alert on get redy to be in tourble ... Sir here you have to make your mind clear weather you want to keep your kid with you or you want both of them ...Sir you have to file civil suits .. one is for child coustdy under section 26 of HMA and second one is a petition under section 9 of HMA seeking RCR from court...Just hire a good lawyer and he will itself work for you ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

Children are fragile, handle them with care. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Matrimonial disputes should be settled amicably.

In your case you have to two options

1. File a habeas corpus petition in HC to direct Police to produce your child

2. File a Custody application

Guardian and wards card are empowered to determine the issue of child custody. Mothers and fathers both have a prominent role to play in supporting the growth and development of their children. The basic opinion of the child and the mother is highly ignored while determining the custody of the child. Family law courts generally base decisions on the best interests of the child or children (welfare of children), not always on the best arguments of each parent.

1. Permanent Custody

2. Interim Custody

3. Visitation Right

Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the over all development of the child and same is in no way prejudicial to the interest of the minor. Court tries to bring equilibrium between the husband and wife and also keeps a vigilant eye that the child should not become shuttle cock between warring spouses. While awarding interim custody, Court has power to impose certain conditions which could be deposition of passport of minor, if any and/or direct the party to deposit its own passport so that the child could not be removed from the jurisdiction of the Court.Compelling reasons for a mother to lose custody: neglect; abandonment; unemployment and immorality; habitual drunkenness; drug addiction; maltreatment of the child; insanity; affliction with a communicable illness.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

1. You can file for custody of the child and in those proceedings move an Application for access to the child. However, if you feel that before getting into the legal hassles, it would be easier to get the child to your home physically, do that right now. Once you enter Courts, it will be impossible as your each conduct will be noted.

2. Collect proof of the same and annex it to your Petition to substantiate your claim that she is an unfit mother.

3. You need to specify what kind of allegations before you can be guided.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1. Since the child is with the mother, the father of the child can file a child custody case before the family court and can file an application seeking visitation rights as interim relief.

2. This issue is also an essential item to plead in the petition to be filed as suggested.

3. If she has lodged a complaint in the police station then you may first obtain AB and then challenge her false case in the trial court.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

you can file petition for custdoy of child...

Satsheel Sheokand
Advocate, Gurgaon
20 Answers
1 Consultation

4.1 on 5.0

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