Ratan Thakur (rcb) 08 September 2014

Child abduction

I am the father of the child. Two years back, my child of age five is abducted from lawful guardianship of mine by misuse of 498A by my estranged wife. I Got acquittal from 498A. I have filed custody of my child by Guardians and Wards Act. Probably she is going to marry her colleague. She ditched me and having the custody of my son. I want to file a child kidnapping case under Indian Penal Code to give her the lesson of crime she did. The Section should be Cognizable and non bailable. What is the appropriate section to do that? Please tell anything more that I should do.

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2 Replies

Chetan Joshi (Advisory/Advocacy) 08 September 2014

This is quite interesting to how abruptly you have tried to make this fall under the Ambit of 'Kidnapping".

At the same time the query does makes one think.

I would like to see what people say to this...

Regards

Chetan Joshi

Ratan Thakur (rcb) 10 September 2014

I agree that as mother has taken away my child from my custody and as mother is the legal guardian of child of below five years, so this cannot be termed as kidnap. But I lost my custody as a father because of this notorious section 498A. If I don’t call it kidnap then what should I call. I want to punish my estranged wife because she has filed a cognizable and non bailable IPC 498A and involved police although I did not do any fault. She should get the punishment of the crime she did as I am deprived of the bonding with my son. Please answer your views and tell me the section so that I can make FIR to police and bring her to Jail.