search warrant for 3 year old child

nidhi (Querist) 19 February 2016 This query is : Resolved
my husband n mother in law fight with me 2 days ago in ajmer...n told me to get out from their house...i came to my parents home in chittaurgarh..they kept my 3 year old baby boy with them...now i am trying for search warrant issuance by SDM ...please advice me whether im doing right or wrong??

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nidhi (Querist) 19 February 2016
please suggest........................

Santosh Goswami,Advocate (Expert) 19 February 2016
Search warrant is not required. Just lodge a police complaint. Why to search if the son is with the father. Also file a petition for custody asap.
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Devajyoti Barman (Expert) 20 February 2016
Keeping the child sway from lawful guardian is kidnapping to which even parent can be charged with.
Without search warrant you can not get back the child but for this you have lodge complaint of kidnapping the child.

Another option is to file writ petition of habeas corpus.