section 363 IPC

Udit (Querist) 28 July 2014 This query is : Resolved
I have divorced my wife. And the case for child custody is still pending in the court. My wife took my son from my custody in December 2012. He is 6 years old. Last week when I went to meet my child at his school he started crying and insisted a lot to take him with me. By the permission of the principal of the school and by making an entry in the register of the school I brought him with me. Same day his nana, maternal grand father lodged an FIR against me. Police came with his maternal grand father and handover my son to him while my son was not ready to go. In the police station, they put me in the lock up and after taking bail they released me and they themselves took and wrote the statement of my son and took his signature. Can I do anything against such action of police. I want to take action against police, if I can do. I know that any report under section 361 or 363 is not maintainable in court, against father. Please tell me what can I do against such action of police, because they have done all this thing against my and my son's wish.

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Udit (Querist) 28 July 2014
She took him forceibly in December, 2013 at that time he was 5 yrs 6 months old and he was studyingin a scholl of my city.

Rajendra K Goyal (Expert) 28 July 2014
When the case of custody is pending in court you should not have taken the the child with you. Any action against police would succeed is doubtful.