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
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 5 years ago in Family Law
Religion: Hindu
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11 Answers
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.
1) Yes, She can file case against her husband regarding child custody
Thank you Mujeeb sir.. I got you sir, 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.
Asked 5 years ago
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
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.
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.
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.
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.
You can file kidnap case, if child removed from legal custody without consent of natural guardian.
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.
Hi,
it seems that with 10 replies/advices, your query seems to be resolved.
