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metallic person (Other)     28 March 2017

Maternal grandparents taking child without father's permissi

I filed divorce case against my wife. I have a daughter of 7 years old who prefer to stay with me. My wife is staying with daughter in my house. As we stay in same house there is custody battle. But recently my wife's father and brothers is taking away my child from me to Maternal grand parents house without permission of me. Inspite of refusing to take her and even after information by police, Maternal grand parents are taking her to harassing me, and also creating quarrels among us to produce it. They are kidnapping her with bad intent . They are not returning child inspite of asking them to do so. Mother is not accompanying child. Its forceful abduction with bad intent. How can I file complaint against them. Are there any court directives while taking out child from parents custody..


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 4 Replies

Dr J C Vashista (Advocate)     28 March 2017

File a writ of hebeus corpus in High Court against the meternal grandparents of the minor.


(Guest)

Grandparents already took grandkid and now you file writ petition.  When it will come for hearing.  When they will pass order?

All that long affair.

You go and forcefully take back kid on your own. Matters of family should not go outside 4 walls.  Something is horribly wrong here.  Fix it without approaching court.  Court will simply give one order which will not be beneficial to anyone and you will have to go to court again and again as you wont be satisfied with court order.

Dr J C Vashista (Advocate)     29 March 2017

Well advised by "Helping Hand" for a possible "Out of Court" action against the grandparents of the minor. 

However, the action is illegal.

 

Sudhir Kumar, Advocate (Advocate)     01 April 2017

when matter has already reached here and court then it is no more family matter.

 

He can follow advise of Mr JC Vashista


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