1 Case of kidnapping lies against the father if the mother is so willing This is important to take the child back.

2. Civil suit for custody can be filed but the result is not immediately given.

3. Another option is to take the child away with her on the pretext of playing with the child outside.

4. once the child is kept with her then duplicate passport can always be applied for .

5. Thereafter the girl can decide whether to keep the marriage alive or break it down depending upon the circumstances.

she can file for a custody case to get the custody of the child if he is not ready to give. Before going for litigation, it is advisable that she sends a legal notice to the husband and the family asking them to return the child. if they are not ready to give back the son within the time frame suggested, neither do they reply to the legal notice then she may take such an action.

She can also approach the child welfare organisations for help citing the welfare. OR she can file a case of kidnapping/illegal confinement of the son against the father.

Hi,

Your friend can file for custody of the child in India as at present the child is in India. Actually she should have understood her husband's ploy to keep her away from the child and the marriage.

if she wants to file for the custody petition in the court she has to do before her husband go ahead and finalize a Talaque.

As per the Muslim sharia law the custody of the children is with the father after the talaque.

her husband can give talaque following the formalities f Muslim Talaque, once it happens then the legal options are less, so it is advisable that she should take legal steeps to get the custody of the child.

1) the wife should file for custody of the child in the city wherein child is presently residing

2) since the child is only 4 years old custody would be given to mother .

3) in the alternative she can come to india and stay in her matrimonial home . if husband is physically abusive she can file Domestic violence case against her husband seek maintenance for the child and herself .

4) she can also seek alternative accommodation from her husband and compensation for mental torture undergone by her

5) she has to pressurise her husband .

6) she can also file 498A case against her husband and in laws for dowry harassment

1. The son has been taken out of the custody of the mother without her consent by the father who has since remained in India.

2. If she wants to get back the custody of her son then the only legal recourse available to her is to file a case for child custody in the court. There is nothing else she can do under the framework of Indian law.

3. The father will be asked to show cause against the custody being handed over to the mother. Normally the custody of a child is given to the mother, but this is not a strict rule of universal application followed in all cases.

4. Delay in filing the case by your friend will mitigate her prospects of getting the custody.

1. What is the age of her son?

2. Mother is the natural guardian of children upto 5 years of age,

3. Lodge a police complaint alleging that your husband is not giving the custody of your minor child to you,

4. File a custody case seeking order in your favour for your child's custody.

1)you can file for divorce on grounds of mental cruelty.

2) contested divorce cases take 5 years to bedisposed of

3)divorce by mutual consent takes 6 months

4)custody of child is generally given to mother

5) father gets visitation rights

1. Divorce suit, if well contested, may take even 4/5 years. It also depends on the load on the Court,

2. In contest divorce case, the husband does not have to sign any papers. In case of mutual consent divorce case both shall have to willingly sign a joint petition,

3.In the divorce suit itself you should add your pray for child custody. The Court will hear both the parties and decide about the custody of the child keeping welfare of the child as prime objective in the matter.