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Search warrant from family court for child custody from ex-wife.

(Querist) 20 August 2015 This query is : Resolved 
Family court had given judgment in the matter of Divorce u/s 13 of HMA in favor of my close friend based on adultery and also awarded Custody of female child (9 Years) u/s 6&25 of G&WA to him on the same charges. But his ex-wife (divorced) is absconded from matrimonial city where she resided since past 10 years and taken the minor child with her to avoid to give custody to husband as per court orders.

After escaping from city family court had issued orders to jurisdictional police station to search the child and hand over to my friend (Natural & Legal Guardian of the Child). Police was in search of the child for the past 1 year and also published public notices in local and other News Papers.

Now after one year husband could know the whereabouts of the child. The child was away from my friend for past 3 years i.e. during pendency of cases of divorce & child custody and the searching period. Certainly, by this time my friend's ex-wife and her family members might have polluted the mind of the minor child very badly and may not agree to give possession of child to my friend.

My queries -
a) Whether Family Court may issue search warrant for searching the house by police where they are presently residing, if formal application is filed before court?
If yes, under which Law & Sections?
b) Whether police may have authority based on orders issued by Family Court to police. Wordings in orders are -
"It is hereby ordered that in regard to take possession of the child from wife of XYZ and handover to XYZ, collect the photographs of child, wife and wife's parents for identification, from XYZ and take necessary steps.
Help of XYZ may also be taken if needed.
Also submit a report to this court as regards to taking possession of child from wife of XYZ and handing over the child to XYZ."

Kindly help me out to help my friend to take custody from characterless lady and her cruel family. One notable point ex-wife’s father is already arrested in some of cheating case and right now he is in judicial custody.
SAINATH DEVALLA (Expert) 20 August 2015
U have mentioned that the family members of my friends ex wife might have polluted the mind of the minor girl,its only UR presumption.The arrest of the wife's father has nothing to do with case.Yes her act is absolutely defying the order's of the court and she can be prosecuted.If the husband knows their present he can go there along with the police and the court orders.
Rajendra K Goyal (Expert) 20 August 2015
Husband may accompany the police and recover the custody of the child if address is known.
Ms.Usha Kapoor (Expert) 29 June 2018
Agree with Devella Sainath.


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