See since the child.is with father and he is biological guardian she cannot have any criminal.proceeding against you yet she can file an habeaus corpus writ in high court further she can also file for custody of child.

Further she can file case of 498a and domestic violence

You need to file a custody case first if child is with his mother.

A child over 5 years of age goes to the custody of the father but the wish of the child is also considered by the court.

In case you take the child without her agreement she may go to the High Court and may file hebeous corpus writ in this regard and you will have to produce the child in High Court.

Wife can file DV case seek right to stay in her matrimonial home

2) seek injunction restraining you from selling the property

3) also file false dowry harassment case against you and your family members

The mother usually gets custody of the minor child, under the age of five.

Fathers get custody of older boys and mothers of older girls, but it is not a strict rule and is primarily decided based on the child’s interests.

better you go through custody of child legally.

1. Well, taking the child forcefully without the consent of another parent from her custody amounts to kidnapping though there is way to safeguard this risk which can not be discussed in public portal.

2. Wife has no share on the property of husband or in laws bt she has right of residence in the property of her husband.

3. So whether you execute the pans as stated above she can file case u/s 498A ipc along with case under PWDV Act as well.

Fell free to contact.

Hello,

If the child has obtained the age of 6 year then you mat take him with you.

She may approach the police and the police might call you for settlement.

Also she can file a writ of bhabeas corpus.

Regard s

1. Supreme Court has ruled that no case for kidnapping can be filed against parent for taking his/her minor child away with him.

2. Unless and until the issue of custody of child is decided by a competent court either parent is at liberty to take the child away.

3. After you take the child away you may file a suit for permanent injunction to restrain the mother of child from illegally dispossessing the child from your custody.

Answerd by Adv kavery Anand Bangalore.. 1)sir Ur father can file a case for eviction..as that property is belong to him ..

2) yes as ur son is now 6 years old.. u can file child custody petition

3) Don't take ur child along with u with out her knowledge.. but u can keep Ur child with u ...if u r feeling unsecured.. with her.

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The child belongs to both of you.

If she is not having any order by court restricting you from taking away the child from her then you need be worried about it.

Since the child is in your custody, let she file a child custody case against you.

No complaint with the police in this regard will be maintainable.

She may also do the same trick to take away the child from you when you are caught unaware.

If you try to forcefully take your child with you without the consent of your wife, she can file an FIR the offence of kidnapping against you and such hasty decisions are never really advised.

If you want to take custody of a child will have to file a petition in family court.

You cannot take child such small without you without his mother's permission. For that you first need to file petition for custody and then have to take permission of court to take the child.

Otherwise mother can allege that you have kidnapped the child and are trying to harm him.