1. File a case of kidnapping against her. Ask the Police to register FIR and recover your children
2. If police does not act much file writ petition against police inaction.
3. Filing of Habeus Corpus petition in high court is another option.
A divorced wife after remarriying kidnaps sons.
I am a Muslim I got separated with my wife in 2010. Due to her character is bad and had an affair . she filed 498(a),domestic violence,506,writ petition, she took me to all the harrasments. I have two sons one is 12 years and 9 years . i am taking care of my kids from past 12 years.she remarried again and staying with her husband in dubai. She suddenly kidnaps my sons in 2016.I filed police complaint , they directed me to go CWC mysore with all documents as she in the native of mysore, they examined all the documents and directed her to handover the custody to father.but she did not listen to CWC mysore ,forcible with antisocial elements she kidnaps from cwc mysore also.she is doing all illegal and antisocial ways to harass me . what can I do for the betterment and future of the kids. Her character is bad and her family background is bad. After the separation she has changed two husbands now she is with the third husband . what can I do for the safety and permanent custody of my kids. I am worried about their school they did not attend the school from past two months ,my younger son is suffering from ADHD disorder he needs medication every day ,he has not taken any medicine from two months as she has kidnapped them.
Asked 7 years ago in Family Law
Religion: Muslim
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11 Answers
What are legal provisions in law stopping her doing all the illegal activities .
Asked 7 years ago
What steps to be taken to secure the education, safety, health and freedom of my kids from this adulterous woman.
Asked 7 years ago
First secure custody of the children. Once you get that you can ensure every welfare measures of them.
Unless and until you get back your children it is very difficult to ensure these things while they remain with your wife.
1) apply for custody of your 2 sons before the family court
2) mention that you have been bringing up children for last 12 years
3) that children have not been attending school for last 2 months ever since they have been kidnapped by mother
4) court would award you custody of children as per Muslim personal law
You can alsofile petition in HC to direct police to trace your sons kidnapped by your adulterous wife
2) mention non compliance of order passed by CWC Mysore to hand over custody of children to you
If you had an apprehension that she may take away the child then you should have filed a suit for injunction to obtain a restraining order against her. A parent cannot be prosecuted for the offence of kidnapping of his child. If a father takes the child away from the custody of his wife or vice versa the parent he/she cannot be said to have ''kidnapped'' the child. The only remedy for the parent who has been dispossessed of his child is to file a petition for child custody in the competent court. So you are required to file a petition for guardianship and custody.
1. Has CWC directed her in writing to return the custody of your children to you?
2. If yes, lodge a police complaint against her seeking recovery of custody of your two kidnapped sons.
3. If police fails to take any action, file a Writ Petition before the local high Court against police for its inaction seeking relief.
4. You can also file a Habeas Corpus Petition before the Court wherein the police will be directed to trace your two sons and place before the Court wherein they may be asked by the Court with whom they want to stay.
1. There are no legal provisions for acting illegally.
2. She is acting illegally for which you should take legal recourse as suggested in my earlier post.
1. For the welfare of your children, you shall have to have custody of your children.
2. She can not forcibly take custody of your children from you with out Court order.
3. Act legally as suggested in my earlier post to get back their custody.
After the separation she has changed two husbands now she is with the third husband . what can I do for the safety and permanent custody of my kids. I am worried about their school they did not attend the school from past two months ,my younger son is suffering from ADHD disorder he needs medication every day ,he has not taken any medicine from two months as she has kidnapped them.
What reply or opinion do yo expect from lawyers here when your wife is reported to not abide by law of the land.
You have to look for ways yourself to retrieve our children through your own sources and secure them properly.
She will not obey court orders too nor she is afraid of police or any law enforcing authority hence she has to be taught the law as per her own meaning.
What are legal provisions in law stopping her doing all the illegal activities .
It is not our duty to stop her from indulging in any illegal activities, if you are aggrieved over her attitude with you, you may concentrate on that relief alone
What steps to be taken to secure the education, safety, health and freedom of my kids from this adulterous woman.
You have to approach court for custody of your children by filing a petition under guardian and wards act.