Issuence of Search Warrent under Section 97 of Cr.P.C.
Querist :
Anonymous
(Querist) 11 April 2011
This query is : Resolved
In a petition under Section 127 Cr.P.C. filed by the 2nd Party/Husband for alteration of maintenance allowance on the ground that, the younger daughter is in his custody since land 6 months. The second party got second married after deserting the 1st Party/wife and presently the 2nd party living with his second wife separately. The 1st Party/wife submit written objection alleging that, in the month of October 2010 the 2nd party/husband took her both daughter for marketing with a promise to return them next day but the 2nd party did not do so and confine both daughter in his house illegally and refused to return them to the 1st party. The first party issued legal notice directing to return them but the Second party did not reply the same. Thereafter some day ago the elder minor daughter fled away from the custody of the 2nd party and presently under the care & custody of the 1st party. But the younger minor daughter of the 1st party still under the custody of the 2nd party.
I am standing for the 1st Party/Wife>
In this situation'
1. Whether the 1st party filed a separate petition under Section 97 of the Cr.P.C. for issue search warrant to recover the younger minor daughter from the custody of the 2nd party in the same proceeding under Section 127 of Cr.P.C. ?
2. Whether any other relief available to the 1st party to recover her younger minor daughter from the custody of 2nd party ?
3. Whether the in this situation the monthly allowance is alter by the Court ?
4. can you provide me any reference of case laws ?
Mr. Kunal Sarkar,
Advocate,
Bongaigaon, Assam
Uma parameswaran
(Expert) 11 April 2011
If case is pending before family Court ,mother can file a petition to get back the child. Father's illicit relation ship is a valid ground to get back the child.
