custody of child

Querist : Anonymous (Querist) 11 November 2009 This query is : Resolved
A and B are married and have two kids. One is of 5 years son and second one is of 2 and half years daughter. Husband relocated his home to some other place. Wife is also working. She has her office branch in the city where husband relocated. Wife is not ready to take transfer. Son is with husband and daughter is with wife. Since she is working, she is leaving her daughter in baby sitting. Husband is staying with his parents. Husband is not like to leave his daughter in baby sitting. Husband and wife are not divorced and judicially separated. They are husband and wife in the eyes of law.

Whether husband can bring the daughter without her consent? whether it amounts to kidnap or some other crime?

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A.P.Manoranjan (Expert) 11 November 2009
No Husbond cannot bring daughter without her mother's consent.

A.P.Manoranjan (Expert) 11 November 2009
According to The Hindu Minority and Guardianship Act (Act32 of 1956)allows the children below the age of 5 years under the custody of mother only.

Querist : Anonymous (Querist) 11 November 2009
The question of guardianship and custody comes after divorce or separation. In this case they are husband and wife.

Adv Archana Deshmukh (Expert) 11 November 2009
It will not amount to kidnapping, even if the husband brings his daughter at his home, without consent of his wife.

Sachin Bhatia (Expert) 11 November 2009
No, it will not amount to kidnapping.

Raj Kumar Makkad (Expert) 11 November 2009
When relations between husband and wife are no strained, both the children are in the custody of their parents may be daughter with the mother and son with the husband but legally and practically both can meet each other and can share their feelings. If the intesion of the husband is to permanently bring the daughter with him away from her mother then it is legally wrong.

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