Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Child custody

(Querist) 21 January 2015 This query is : Resolved 
Hello Experts,

My ex wife handed over my son to me a year ago as per an agreement made during the divorce. She then tried to take the child away to which I filed a custody petition. She then lodged a kidnapping case of my son against me to which I received bail. It has almost been 8 months since I filed the petition but she isn't filing counter. She has been trying hard to snatch away the child from me. Please suggest the best approach I should take to stop her from snatching the child from me. Is there a possibility that she can again take help from police or social organization to snatch away the child.
kavksatyanarayana (Expert) 21 January 2015
file a case against your wife consulting a local lawyer with agreement made during divorce.
Devajyoti Barman (Expert) 21 January 2015
Without the order of court, no spuse can take forcefully the child from another.
If any case is so filed the other party shall have given liberty to fight it on merit.
Rajendra K Goyal (Expert) 22 January 2015
She can not snatch the child forcefully when you have the custody as per divorce agreement / orders.
ajay sethi (Expert) 22 January 2015
your wife cannot forcibly snatch child from you
Nadeem Qureshi (Expert) 22 January 2015
File a Quashing petition before HC against the FIR which filed by your wife against you on the agreement ground which is executed between you and your wife at the time of Divorce.
No case has been made out against you.

apart from this, file a civil suit for injunction against her before civil court for visiting the Child without the permission of the court.

if as per the agreement there is child custody clause and the child will be in custody of you then the court will restrain her to visit the child.
T. Kalaiselvan, Advocate (Expert) 24 January 2015
she cannot forcibly snatch the child from your custody. I agree with the views o expert Mr. Nadeem Qureshi.

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