Quash of false kidnap case
Samanth kumar
(Querist) 29 March 2017
This query is : Resolved
One divorced mother of a 7 years boy filed kidnap case on her ex husband. Husband taken away the kid from school. Now they r in abroad. Now to file quash petition before high court, is it possible to file ? Or they have to return to India? Please tell the legal process to file quash petition?
Dr J C Vashista
(Expert) 30 March 2017
You have mixed up various issues in this hypothetical question giving it like an examination hall paper such as:
a) filing a case of kidnapping the child from school;
b) what is intended to be quashed by the High Court ??;
c) what is the query qua "or they have to return to India"?; etc. etc.
Rajendra K Goyal
(Expert) 30 March 2017
Who was given the possession of the child in divorce decree?
Generally mother is given possession of child if otherwise ordered by the court.
Husband was guilty of taking possession and going out from India without court permission.
Wife was right in filing case of kidnapping.
Now husband should defend the charges against him on merits with the help of some expert lawyer.
FIR would be quashed in the given facts is doubtful.
Samanth kumar
(Querist) 31 March 2017
Dear sirs, divorce granted in2012. Father filed custody op for son. Order passed in 2015 in favour of father. Then father went to school taken away to abroad. Mother filed kidnap case. Now what r the possibilities to file before high court , if accused is out of India. Procedure to file ?
