Mother takes child without authorization

Vikas (Querist) 01 December 2016 This query is : Resolved
A child(10yr) was with the grandparents when his father had committed suicide and the mother was arrested and then released on bail.
The child was taken out of custody of grandparents without their consent by the mother with the help of muscle power with some other persons' help.

The grandparents had filled in high court to present the detnue on application of grandparents.

So has mother done any offence .?
If yes then what ?

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Devajyoti Barman (Expert) 01 December 2016
Though a parent can be charged with the kidnapping of child , it is very difficult to establish this thing here.
So ask the grandparents to file suit for custody of the child.

Rajendra K Goyal (Expert) 02 December 2016
Mother is natural guardian of minor child and can keep the child with her if father expired.

Grand parents may try through courts to get custody.

adv.bharat @ PUNE (Expert) 02 December 2016
You can get child custody through court order.

P. Venu

(Expert) 02 December 2016
In the unusual circumstances of the case, the grand parents seek custody of the child from the Court.

Dr J C Vashista (Expert) 03 December 2016
The grandparents may file a writ of habeas corpus so that the child can be produced by kidnappers.

Guest (Expert) 03 December 2016
A Precise advise by Expert Mr.Devajyoti Barman and Mr.Rajendra K.Goyal." Habeas Corpus" Not to be Misused and Even the Advocate who files it could be held Responsible.In this Case the Grand Parents are Fully aware that their Grand Child was taken by its Mother Only.And No question of KIdnap or Habeas Corpus Arises.

Guest (Expert) 03 December 2016
Unless and Until there is a Specific Court Order that the Child should be Only with Grand Parent the Rights of Mother can not be Denied .Due to un avoidable circumstances when the Mother was arrested the Child had no Option and was in custody of its grand parents and it doesn't mean that the Right of Single Parent the Mother to be Denied.She has the Right to take her Child.

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Guest (Expert) 03 December 2016
Author/Querst As per your Title what authorization is required for a Mother to take her Child.

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Guest (Expert) 03 December 2016
More over in this case the Mother is only an Accused and Not a Convict.

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Rajendra K Goyal (Expert) 03 December 2016
Expert N.J.S.Rajkumar alias narasimha, thanks for agreeing.

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