• Child protection

Hi,
My wife wanted to divorce me and took our girl child two and half years old and sent to some other state to someone. Now she is not giving divorce and not letting me to see my child even. Please advise.
Asked 6 years ago in Family Law
Religion: Hindu

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17 Answers

Hi,it is advisable to file for child custody in family court ,and seek orders from court to direct the mother not to handover custody to other then the guardian 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Father’s visitation rights are not automatically granted. If you are looking to assert your visitation rights, be prepared to file a petition for grant of visitation rights to you.

It has been held that a child has the right to spend time on a regular basis with both parents and other people significant to its care, welfare and development

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Complain to police of kidnapping your child by your wife. During your lifetime mother is not the natural guardian of child. It is father. She can not take away your child without your consent or court order. 

Your child may be at risk. So do not delay and hesitate. Go and file complaint.

Your immediate action in this regard is required. It not wise to go through a lengthly procedure when immediate relief is available in law.

Kidnapping is cognizable offence. Give a written complaint to police that your wife without your knowlege and consent has taken away your child and intentionally not giving you any information of his whereabouts. The life of the child  may be at risk any time. 

Being a cognizable offence police must register FIR. If police refuse to register FIR then you can make direct complaint to magistrate u/s 156 for a direction to police to register FIR.

it is advisable you go to police station with some criminal lawyer for registering FIR.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Hi

Immediately lodge a police complaint giving the details of your wife's actions ( make sure that, the same are true and correct )

Issue notice to your wife, asking her to come and join you alongwith the child.

Followed by proceedings (if applicable) for divorce etc. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

File a habeas corpus writ petition in the Allahabad High Court to gain the immediate custody of your child.

The other recourse which you may adopt in the alternative is to file an application under Guardians and Wards Act.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

File child visitation rights in family court and get order.

Refer the following judgment of court:

Father entitled to visitation rights for child’s welfare: Court

 In a custody battle over their 7-year-old son, a sessions court has upheld the rights of the 36-year-old MBA father working for an MNC and dismissed the plea of the mother, a doctor working for a city hospital.
The court allowed the father to have 48-hour access to the child every alternate weekend while observing that for the child’s well-being and smooth development, the father is entitled to visitation rights.

The court had found that the child had been missing out on school due to the custody battle. The court held that a child has the right to spend time on a regular basis with both parents and other people significant to its care, welfare and development. The mother had moved the sessions court after a magistrate court had allowed the custody arrangement. The magistrate had stated that the father was allowed to keep the child with him, from 6pm on Friday until 6pm on Sunday (every alternate weekend).
Further the mother was to arrange for the child to speak to his father over video call for an hour every Thursday evening. The court also directed the mother to disclose her residential address and a submit copy of the address to the senior inspector at the local police station and any change in the address should also be intimated. The court also told the mother that she was not to change the child’s school without the father’s consent.
The petition under the Domestic Violence Act was moved in July 2017, while the parents cohabited with the child until December. After the mother left with the child in December, the father had was allowed to meet him only once on December 27 before the magistrate court. The father told the sessions court that he had equal right over the child and like the mother had similar concerns for him. He told the court that the visitation rights provided by the magistrate were proper.
The sessions court pointed out to the child access and custody along with parenting plan tendered by both the sides. The court said that in Clause 31 it is provided that the courts are under obligation to consider that the child shall spend equal and substantiate time with each parent. While ruling in the father’s favour, the court held, “The overnight access at home of the non-custodial parent should be encouraged at an early stage so that children have a close relationship and get the love of parents, grandparents and other immediate family members.”

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

File police complaint against wife for having taken the child against your consent 

 

file  habeas corpus petition in HC to direct police to produce your child 

 

you can also file petition before family court seek joint custody of your child 

 

court would grant you visitation rights at least 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File against her child visitation rights twice in month.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

File a petition seeking the custody of the child and along that file an application for.interim visitation rights.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Mother is the natural guardian of her child up to his/her 5 years of age.

 

2. So, you can not seek her custody.

 

3. You can file an application praying for direction upon your wife to allow you to meet your child once in a week or every 2nd day at a mutually agreed place.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can file divorce and custody petition for your child in this case

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hv u any evidence she sent ur child to someone? 

File a case for custody of your child

Tarun Budhiraja
Advocate, Rohtak
379 Answers

A parent can claim the custody / visitation rights of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. If you want to end the marital relationship you are free to file a petition for dissolution of marriage on the grounds attracted to the facts of your case.

2. So far as the issue of child is concerned, you may file a petition under the Guardians and Wards Act to seek the custody of child.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

File a petition for restitution of conjugal rights against your wife. 

If she refuses to join you back after appearing in this petition.

File a case for custody under Guardian And wards act to get custody of your child. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You file a child custody case and also seek visitation rights.

You may file the child custody case in her home town as the child is residing with her.

You can file divorce case in your place if you feel it is not possible anymore to live with her in the married life.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have the option to go for the divorce on various grounds which you need to mention more clearly about the marital life so that the best grounds can be thought for you.
  2. And for child custody, you will have to file an application in the same divorce petition for at least visiting rights by court order.
  3. You can later also file an application for permanent child custody before the court of law, but for now you might not get full custody as child is too small.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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