1. File a child custody case under guardians and wards act and seek custody for the reasons you rely upon.

2. You can file a petition for temporary injunction against him to restrain him from taking away the children forcibly other than by due process of law till the disposal of the child custody case.

3. There's no necessity to file a divorce case to file the child custody case.

4. You can take legal steps with the assistance of a local lawyer as suggested above.

Welfare of child is pares mount consideration 

husband cannot forcibly take kids from mother 

file police complaint against husband threats 

file petition in family court seeking sole custody of kids 

Hello , 

Answers to your queries below 

First and fore most please note , its very easy to break a relationship, your husband may be cruel and causing great harassments to you, but analyze the reason behind and try to talk the issues out, remember you have 2 children, you need to be together for them. ELSE litigation is always Just A Signature Away. 

1 and 2 .  IF husband is threatening, to take children away, file a restrain order application under the domestic violence laws of the country you are in (as your message says you are in Vietnam ) In India an application u/s 18 of the Domestic Violence Act . You can also file an application under the Guardian and Wards act for the minor son for the custody of the children. 

3. Mutual Divorce cannot be forced - All the terms of separation are pre discussed post which the Mutual divorce is filed. YOU dont want to give is a no option any further , IN case the lower court does not grant divorce to your Husband IF he files, the higher court will. 

4. File maintenance application for yourself and kids (If you are gainfully employed than for kids only) - Let him take divorce , yu contest for your maintenance and alimony rights 

Best of Luck  

b. 

1. if husband file custody case then fight the case. Report the matter to police if husband use force. 

2. No

3. & 4. your husband can otherwise claim custody and can also file case for Divorce. divorce and s not at your mercy. Talk to husband and settle the matter amicably. If possible go for mutual divorce settle ng all claim including custody of children. Donot deprive children from their father. Father is natural guardian of children above 5 years. so be prudent. 

1. Ensure Child Custody:

   • File for custody under Section 26 of the Hindu Marriage Act or Guardians and Wards Act.
   • Courts favor mothers for children under 5.
   • Gather evidence of mental abuse.

2. Prevent Forceful Kidnapping:

   • He cannot take the kids forcefully. If he tries:

     • File a police complaint (Section 97 CrPC).
     • Get temporary custody orders from Family Court.
     • Inform the school in writing.

3. Divorce & Custody Fears:

   • 
     No need for divorce; opt for judicial separation (Section 10 HMA).
   • In mutual divorce, ensure custody & financial rights are settled legally.

4. Handling Threats:

   • 
     Document threats (calls, messages).
   • File a Domestic Violence complaint + Restraining Order.
   • If serious, report under Section 506 IPC (criminal intimidation).

Act Fast – File for custody & protection orders immediately.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1. Till the age of 5 years, mother is natural guardian and thereafter it is father who is natural guardian. 

2. Though you can lodge police complaint but no such complaint is maintainable against father who is natural guardian of child. 

3. You can file custody case. court give preference to father in case custody of boy child. No so called notice or informal police warning would not serve any purpose. 

In Mumbai joint custody is the norm 

2) principal judge family court Mumbai has issued circular regarding joint custody of kids 

3) Welfare of  children is paramount consideration 

4) file complaint before husband tries  to take children away 

It is your own understanding which was s legally not correct. Extensive consultation requires. 

Father cannot take children forcibly 

if he does lodge complaint with police 

file for custody of your children 

1. In India, while there's no fixed age for a child to decide custody, courts consider a child's preference, especially around the age of 9, but ultimately prioritize the child's best interests and welfare, with the final decision resting with the court. 

2. A complaint can be given based on certain evidence of the act harming your interests.

3. You may have to approach court even for interim relief without which you may not be able to control the arrogance of your spouse.

The father of the children is recognised as natural guardian as per law.

But that will not confer rights on him to have permanent or sole custody of the children.

Child custody case will be decided by court based on the child's interest and welfare which is paramount 

Don't imagine your own concept in this regard without understanding the law involved in it.

If he tries to forceful take your kids you can call police. You can apply to court for custody if you feel he may do attempts again and again. There is no remedies without going to court. Any mutual agreement between you both maybe not followed by one of you if there is no binding effect of court order

1. Under Section 6 (a) of Hindu Minority and Guardianship Act, father is natural guardian of minor and custody of minor will be ordinarily with mother. Given the provisions of law if father wants he can take custody of child above five years.
2. He can take the kids from school or from any place. Police will be hesitant to interfere in such dispute unless there is order from Court.
3. Law being what it is, divorce or no divorce, father can have custody of child above five years with visiting rights  to mother.
4. Except the law as to custody, other law is in favour of wife. He is using kids to blackmail, you can use civil and crime matrimonial law to force him for settlement on your terms.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
5. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. Under Hindu Minority and Guardianship Act, 1956, mother is natural guardian and custodian of child till it reaches age of five years with visiting rights to father. Thereafter, father  is natural guardian and custodian of child with visiting rights  to mother .
8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son/daughter.

1. Custody of 5+ Year-Old Twins

   • Courts decide based on child’s welfare, not just the father’s right as a natural guardian.
   • Mothers are preferred for younger children, especially if they are settled with her.

2. When to File a Complaint?

   • 
     Before he acts: File a Domestic Violence (DV) case & seek a custody order.
   • 
     If he takes the kids: File a habeas corpus petition + Police complaint under Section 97 CrPC (wrongful confinement).

3. Immediate Relief Without Court

   • 
     Police NCR/GD for threats.
   • 
     Women’s Cell Warning to husband.
   • 
     School Notice restricting father from taking kids.

4. Can He Take Kids Forcefully?

   • 
     No, if kids live with the mother, she has de facto custody.
   • If taken, file for immediate return via court & police.

Next Steps:

✅ File for custody under Guardians and Wards Act.
✅ Get a stay order against removal of kids.
✅ Inform police & school about threats.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1. As per law, even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

- The mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will be considered.

- Hence, the husband cannot get the custody of the child of 5 years. 

2. No, he cannot take forcibly custody of the child ,if so, then the mother can file a complaint to the police 

3. He cannot take divorce easily even after filing contested divorce case 

- However, if he files a case then you can file a complaint under the DV act and can claim maintenance and residential right from him. 

4. You can approach the Women cell as well against his said cruelty. 

The law with regard to custody of children's are not based on parent's rights!

It is their welfare which is of paramount consideration.

You have to keep a close vigil on your kids as your husband may even plan to lift them from the school.

The husband or wife retains the custody without allowing the children's to interact with the other parent and they get influenced.

You file a police complaint that your husband is threatening.

Regards

G.Rajaganapathy

Advocate

High Court of Madras

Without the permission of present custodian of the children the father can not take away the child.

Natural guardianship of a child is a theoretical conception and has no such practical applicability as far as taking custody of the child is concerned. 

You have to file a suit for custody of the child and in the said suit you can get interim order for visitation which may include taking away the child for few hours.