brought the child without knoledge of wife

Querist : Anonymous (Querist) 25 December 2010 This query is : Resolved
i brought my son from his mother on his first birthday with intention that to see my child for some days because she dont allow me to see my child.now they are threatening me to put cases on me.please could you explain what type of cases will be possible on me?still now not divorced?

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yogesh (Expert) 25 December 2010
No case is maintainable without court direction If she files FIR, then police may ask for conciliation

Advocate. Arunagiri (Expert) 25 December 2010
You have not stated a litigation pending between you. It seems no such court order for the custody of the child. So, no body will prevent you from taking your son from the mother.

Arun Kumar Bhagat (Expert) 25 December 2010
No case will lie against the father who is the natural guardian of his son.

Arvind Singh Chauhan (Expert) 25 December 2010
No case will lie, but please don't adopt inhuman method. Try to save your relations and future of the child.

Y V Vishweshwar Rao (Expert) 25 December 2010
The Child is very young /infant - 1 year above- it is natural that the Child shall be with mother- Your right to visit the Child legally can not be denied by any person !

Y V Vishweshwar Rao (Expert) 25 December 2010
The Child below five years shall ordinarily be with the Mother ( Sec 6 ( a) Hindu Minority and Guardianship Act 1956

Kirti Kar Tripathi (Expert) 25 December 2010
since the child has been taken away without knowledge of his mother, the mother can seek custody of child. even a criminal action can be taken against you as neither your conduct is fair nor your intention is clean. in case, the wife files case for custody, the custody will be given to her as child is very young/infant and you will be allowed only visiting rights.

Kirti Kar Tripathi (Expert) 25 December 2010
without knowledge of his mother means without knowing your intension.

Dineshwar Singh Kaushik (Expert) 25 December 2010
Yes it is correct that a child below five years shall ordinarily have to be with mother as per sec 6 (a)of Hindu Minority and Guardianship Act 1956.If mother moves in the court she will get the child.

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