• Father took his child without asking childs mother permission

My sister has two sons. She wants to apply for divorce. She has a 4 year and a 1 and half year old child. Her husband took his 1 and half year old child with him without telling my sister. Can she file a case against him about this issue?
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

Your sister can lodge Police complaint against her husband if he has taken child forcibly

She should in divorce case seek custody of her children

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

If you currently have no court orders in place, you and your husband are equally entitled to physical custody of your child. One way to obtain orders is, of course, to file for divorce and to request a hearing on temporary orders regarding parenting time and out-of-state travel.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1) Yes, She can file case against her husband regarding child custody

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) father can seek custody of child if he is more than 5 years old

2) mother lap is regarded as gods cradle

3) welfare of child is paramount consideration

4) in your case since child is only 1.5 years old you should be awarded child custody

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

the custody of a small child is given to the mother. Custody of older boys may be given to the father, and of older girls to the mother.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. Forcefully taking away of a child by a parent from custody of another is crime for which complaint of kidnapping can be filed.

2. So she should immediately lodge such complaint with the local police on which basis FIR can be registered and police can recover the child.

3. Another option is to file civil suit for custody of the child.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

She can very well file a child custody case against her husband besides lodging a criminal complaint against him for abducting the child, since the child is less than five years. old.

In the meantime she can even file a divorce case against him on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

but i read somwhere that when a child age is below 5 years, the physical custody of that child should be mothers. Is it true? And the child's age is 1 and half years. He unable eat himself. And the father is out on bail in anti corruption case. He was a sub inspector of police. Now he is in suspension.

You have heard it right.

Yes the child shall be in the custody of the mother until it attains 5 years of age.

After that the court will decide based on the merits on both the sides.

She can lodge a police complaint for abducting the child, let him give his reply to police.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

You can file kidnap case, if child removed from legal custody without consent of natural guardian.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

1. Unless the issue of child custody is adjudicated by the court and custody is granted to one parent to the exclusion of other parent either parent can take the child with him/her. Now the legal remedy in the hands of your sister is to file a petition for declaration of guardianship and child custody in the competent court. Since the child is only 1.5 years old the court will most likely award the custody to mother with visitation rights to father.

2. Till the child attains the age of 5 years mother remains the natural guardian.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi,

it seems that with 10 replies/advices, your query seems to be resolved.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer