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M.A.BHARATHI (ADVOCATE)     29 October 2010

mother seeks custody of her 1-1/2 year old infant child

Dear sir

I Need ur ideas in the below case...

1, Husband & Wife are living seperately due to family problems. Child of 1-1/2years old was with the mother.

2,Husband filled a petition for RESTITUTION OF CONGUAL RIGHTS IN FAMILY court.

3,Mother went to Singapore for ONE WEAK  to attend an INTERVIEW .

4,At that time husband came to his house with 12 unknown persons and kidnapped the child.

5, Police registered a case against her husband and others under Section 363 & 506(1)

6, MOTHER files a suit of  Habeas corpus in High court to see her child & also for an order of custody.

7,Husband after getting Anticipataory bail files a petition of G.W.O.P asking to anounce him as the Guardian    of  the child in court.

We are infovour of the MOTHER. Pls give CITATIONS and other usefull points to get the child from her HUSBAND.



Learning

 2 Replies

N Vanaraj (advocate)     03 November 2010

Dear Sir

in all likelihood your HCP may not stand as the High court may advice you to seek your remedy in appropriate court either under a matrimonial suit or under GWOP. The point in favour is the age of the child

Govardhanan (Advocate)     05 November 2010

mr. vanaraj is absolutely right. Habeas Corpus will not lie. GWOP is the right course of action


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