• Father keeping son without mother's consent

my friend and her husband along with her son traveled to india last month and since she has a student studying in college to complete her degree she had decided to come back one week before her husband and sons departure to Dubai.

As one week passed her husband calls her up on the day of his travel and refuse to return back to dubai and give back the son
the mother traveled to india and the husband and his family treat her very nicely and asked them to give her husband some time to change and settle down in india and to let her son be with them during that time.
She agreed 
Now she wants to get her son back but they refuse to give his passport and allow her to take him back to dubai
i want to know what can she do to get her son back according to indian law

her husband and her dont get along very well. He is usually violent and she has only stayed with him to save her son from a broken house but it is getting too much for her now.

her son is 4 years old
and they are nri's . 
city - Hyderabad 
Asked 1 year ago in Family Law from United Arab Emirates
Religion: Muslim
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.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
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. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
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.

Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
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. 
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0

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