• Immediate custody of child

good morning sir! my name is kamalpreet. my husband who was living with me in my parents home has taken away my 2yr old daughter while i was in delhi for my exam of judiciary on 1 june 2014.our relationship is not good and i came to my parents home bcoz of that but he too accompanied me. my parents were helping him in every possible way. when he felt that i will not agree to be with him ,he slowly planned and when i was awy and my mother was alone,he took away the child. kindly tell me the way out so that very first i can get my child's custody. i cannot live with this man anymore but i am worried about my child.
Asked 4 years ago in Family Law from Amritsar, Punjab
Religion: Sikh
1) lodge police complaint against your husband . 

2) also move high court to direct your husband to produce your daughter 

3) court will restore your daughter to you .
Ajay Sethi
Advocate, Mumbai
46664 Answers
2759 Consultations

5.0 on 5.0

1. You can file a case of kidnapping against your husband.
2. Case of habeus corpus also lies.
3. if these fails to yield any result then only file custody suit.
Devajyoti Barman
Advocate, Kolkata
13122 Answers
174 Consultations

5.0 on 5.0

Please file a writ petition seeking a writ in the nature of habeas corpus from the High Court and gain immediate custody of your daughter. since you are still his wife you may seek necessary protection for yourself and your daughter under the Domestic Violence Act. this way he will be restrained from interfering in your lives and from taking away your daughter.
if marriage has been consummated then you cant seek annulment. It is possible only by way regular divorce u/s 13 of hma or mutual consent u/s 13 B,provided she is also willing to go her own way.both the parties should have stayed separately for at least one year to move such a petition.

Tulika  Prakash
Advocate-on Record, Supreme Court of India

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Tulika Prakash
Advocate, Gurgaon
113 Answers
77 Consultations

4.6 on 5.0

Immediately move to the High Court to retrieve the custody of your daughter. Father cannot deprive the mother from enjoying the joint custody of their children.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

1. Immediately file a police complaint against your husband for kidnapping your child,

2. File a Habeus Corpus petition before the High Court for which police will be directed to find out and presnt your child before the Court,

3. Simultaneously, file a petition praying for custody of your child.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

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