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Custody of Child

(Querist) 06 April 2011 This query is : Resolved 
X the wife and Y, the husband are married since 7 years, As due to harassment and mental torture by her inlaws and husband they separated. They are living separately since last 4 years . X the wife is working in private firm whereas Y the husband is manager in Nationalised Bank. They have a son from their wedlock and the child is living with X since last four years. Y, the husband never bothered to call X or enquire about their son since last four years. A maintenance petition was filed by the X the wife, under Cr. PC and Hindu marriage Act two months back. The first date was couple of days back where the copy of the petitions was handed to the husband-Y, and acknowledgement was taken. The presence of both X and Y were marked by the clerk of the family court and next date was given.
The Next day Y went to the school of the son and tried to get the custody of son from the school authorities. He paid the fees of the next term and tried to convince the school authorities that he is father and wants the custody of the child. But as X, the wife submitted an application 7 months back that the custody of the child should be given to herself, her sister and brother alongwith their photos and signature. So Y, the husband could not get the custody.
Now my queries are as follows :
1. Can Y, the husband can get the custody of the son in any circumstances.
2. Can Y get the custody of son without the permission of the court
3. Suppose Y somehow mischievously succeeds in getting the custody of child and runs away then what steps can be taken to get back the child to X the mother, What legal action can be taken against Y.
4. What are the legal options available to X the wife.
R.Ramachandran (Expert) 06 April 2011
Normally considering the tender age of the child, the custody of the child would be given only to the mother. Even if he some how takes the custody of the child from the school, initially the wife can lodge a police complaint and get the custody of the child. Thereafter, appropriate proceedings have to be initiated in the court. For this you have to consult a lawyer and take things forward.
Manoj (Querist) 06 April 2011
thanks for your expert opinion sir, i will move things forward as per your reply
Jitendar Kumar gupta (Expert) 07 April 2011
Only by getting the permission you can get the custody of your child. if your wife eloped with the child then you can file writ in the High Court. It is batter to file a custody case for your child in guardianship Judge.
J.K.Gupta.Adv.
9868529732


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